AD/MOR v. TOWN OF SOUTHERN PINES

No. 8720SC465.

363 S.E.2d 220 (1988)

88 N.C. App. 400

AD/MOR, a Limited Partnership, d/b/a AD/MOR Billboard Company, and D.P. Black and wife, Mary Black, v. The TOWN OF SOUTHERN PINES, The Board of Adjustment of the Town of Southern Pines, and Buddy Blackburn.

Court of Appeals of North Carolina.

January 5, 1988.


Attorney(s) appearing for the Case

Thigpen & Evans by John B. Evans, Pinehurst, for petitioners-appellants.

Brown, Robbins, May, Pate, Rich, Scarborough & Burke by W. Lamont Brown, Southern Pines, for respondents-appellees.


EAGLES, Judge.

The sole issue here is whether the trial court erred in dismissing the petition for writ of certiorari as being untimely filed. G.S. 160A-388(e) provides, in relevant part, that "[e]very decision of the board [of adjustment] shall be subject to review by the superior court by proceedings in the nature of certiorari." The statute, however, requires that petitions for certiorari be filed in superior court "within 30 days after the decision of the board...

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