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BOARD OF ADJUSTMENT v. TOWN OF SWANSBORO

No. 16A93.

432 S.E.2d 306 (1993)

334 N.C. 421

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, et al.

Supreme Court of North Carolina.

July 30, 1993.

Attorney(s) appearing for the Case

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

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

MEYER, Justice.

The issue that we must resolve in this case is whether the power of a town's board of commissioners to organize city government pursuant to N.C.G.S. § 160A-146 includes the power to abolish a board of adjustment, appointed and created pursuant to N.C.G.S. § 160A-388, and to thereafter create a new board of adjustment and make appointments thereto. We conclude that the Court of Appeals was correct in affirming the trial court's granting of...

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