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TOWN OF PINE KNOLL SHORES v. EVANS

No. 462A91.

416 S.E.2d 4 (1992)

331 N.C. 361

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

Supreme Court of North Carolina.

May 8, 1992.

Attorney(s) appearing for the Case

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

Wheatly, Wheatly, Nobles & Weeks, P.A. by C.R. Wheatly, Jr., Beaufort, for defendant-appellants.

WHICHARD, Justice.

The issue is whether defendants' "deck" violates the setback requirement of plaintiff-town's zoning ordinance. Plaintiff-town is located on a barrier island. Defendants' home in plaintiff-town is situated along an artificially-made canal connected to Bogue Sound. Plaintiff-town has enacted a comprehensive zoning code ("Code"), which defendants allegedly violated by building a "deck" in their backyard between their house and the canal.

Defendants...

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