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BOARD OF ADJUSTMENT v. TOWN OF SWANSBORO

No. 914SC846.

423 S.E.2d 498 (1992)

108 N.C. App. 198

BOARD OF ADJUSTMENT OF the TOWN OF SWANSBORO, Ian Smith, Mary Ellen Yanich, Leland Ziegler, Allen E. Guin, Wesley Stanley, and Raymond C. French, Jr. v. The TOWN OF SWANSBORO, a Municipal Corporation, Matthew Teachey, John D. Licko, Mark J. Alexander, and Vernon Taylor, (In their official capacities as the purported members of the Board of Adjustment of The Town of Swansboro), Joan Deaton, Leslie W. Edmonds, Jr., George W. Kietzman, and Paul W. Edgerton (In their official capacities as the Board of Commissioners of The Town of Swansboro), and William E. Russell, in his official capacity as Mayor of The Town of Swansboro.

Court of Appeals of North Carolina.

December 15, 1992.

Attorney(s) appearing for the Case

Jeffrey S. Miller, Jacksonville, for plaintiffs-appellants.

Richard L. Stanley, Beaufort, for defendants-appellees.

GREENE, Judge.

Plaintiffs appeal from an order filed 1 May 1991, granting defendants' motion for summary judgment, N.C.G.S. § 1A-1, Rule 56 (1990).

The facts pertinent to this appeal establish that on 20 September 1985, the Board of Commissioners of the Town of Swansboro enacted Section 9-2-16 of its Code of Ordinances which provided for the appointment of a Board of Adjustment consisting of five residents of the town and two additional members from its...

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