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CONCERNED CITIZENS v. BD. OF ADJUSTMENT

No. 8828SC877.

380 S.E.2d 130 (1989)

CONCERNED CITIZENS OF DOWNTOWN ASHEVILLE, an unincorporated association, Jim F. Hughes, John A. Auten, Robert H. Jolly, Plaintiffs, v. BOARD OF ADJUSTMENT OF the CITY OF ASHEVILLE, Defendant and Asheville-Buncombe Community Christian Ministry, Intervenor.

Court of Appeals of North Carolina.

June 20, 1989.

Attorney(s) appearing for the Case

David E. Matney, III, Asheville, for appellants.

William F. Slawter, Asheville, for defendant-appellee.

Whalen, Hay, Pitts, Hugenschmidt, Master & Devereux by Edward C. Hay, Jr. and Barry L. Master, Asheville, for respondent-intervenor-appellee.

ARNOLD, Judge.

Defendant Board of Adjustment of the City of Asheville contends that plaintiffs lacked standing to seek review of the Zoning Board of Adjustment's decision. We agree.

An appeal from a board of zoning adjustment decision "may be taken by any person aggrieved." N.C.G.S. § 160A-388(e). Thus, plaintiffs had standing only if they were aggrieved persons within the meaning of the statute. Heery v. Town of Highlands Zoning Board of Adjustment...

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