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TOWN OF PINE KNOLL SHORES v. EVANS

No. 903SC1053.

407 S.E.2d 895 (1991)

104 N.C. App. 79

TOWN OF PINE KNOLL SHORES, Plaintiff, v. Wallace N. EVANS, II and wife, Lenora H. Evans, Defendants.

Court of Appeals of North Carolina.

September 17, 1991.

Attorney(s) appearing for the Case

Kirkman, Whitford & Jenkins, P.A. by Neil B. Whitford, Morehead City, for plaintiff-appellant.

Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A. by Claud R. Wheatly, Jr. and George L. Wainwright, Jr., Beaufort, for defendants-appellees.

GREENE, Judge.

The plaintiff, Town of Pine Knoll Shores (Town), appeals from a judgment of the trial court permitting the defendants to avoid, by payment of $2,000.00 to Town, removing a "deck" which Town contends the defendants constructed in violation of Town zoning ordinance.

Town is a municipality located on a barrier island in Carteret County. Defendants own a home in Pine Knoll Shores which is situated along an artificially-made canal which is connected...

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