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COUNTY OF LANCASTER v. MECKLENBURG COUNTY, NORTH CAROLINA

No. 9126SC206.

417 S.E.2d 827 (1992)

The COUNTY OF LANCASTER, SOUTH CAROLINA, the County of Union, North Carolina, Rosa Potts Osborne, Robert Barr, Sam Ardrey and Wife, Janie M. Ardrey, Lavinia A. Kell, Margie K. Boylston, Tucker I. Johnson and Wife, Angelus R. Johnson, Plaintiffs, v. MECKLENBURG COUNTY, NORTH CAROLINA, The Board of County Commissioners of Mecklenburg County, North Carolina, to Wit, Carla Dupuy, Rod Autrey, Barbara Lockwood, Robert L. Walton, Peter Keber, John G. Blackmon, and Kenneth L. Andrews, and Robert L. Brandon, Zoning Administrator of Mecklenburg County, North Carolina, Defendants.

Court of Appeals of North Carolina.

July 7, 1992.

Attorney(s) appearing for the Case

Waggoner, Hamrick, Hasty, Monteith, Kratt & McDonnell, by John H. Hasty, Charlotte, for plaintiffs-appellees.

Sanford L. Steelman, Jr., Monroe, for plaintiff-appellee Union County, N.C.

Ruff, Bond, Cobb, Wade & McNair, by James O. Cobb, Charlotte, for defendants-appellants.

Smith Helms Mulliss & Moore, by H. Landis Wade, Jr., Charlotte, for defendant-appellant Robert L. Brandon.

EAGLES, Judge.

On appeal defendants contend that the trial court erred by failing to recognize that (1) a fundamental difference exists between zoning permits and special use or conditional use permits; (2) the Mecklenburg County Board of Commissioners has exclusive authority to determine which uses will be permitted on a zoning district by zoning district basis; and (3) the matters presented in the complaint may be presented only in the manner prescribed by G.S....

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