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MOORE v. BD. OF ADJ. FOR CITY OF KINSTON

No. 938SC50.

437 S.E.2d 536 (1993)

113 N.C. App. 181

J.C. MOORE, d/b/a Kinston Fish and Produce, Petitioner v. BOARD OF ADJUSTMENT FOR CITY OF KINSTON, Respondent.

Court of Appeals of North Carolina.

December 21, 1993.

Attorney(s) appearing for the Case

Perry, Perry, Perry & Grigg by James S. Perry, Kinston, for petitioner appellant.

Wallace, Morris, Barwick & Rochelle, P.A. by Vernon H. Rochelle and Martha B. Beam, Kinston, for respondent appellee.

ARNOLD, Chief Judge.

The applicable section of the zoning ordinance reads in part: "The Neighborhood Trading District is established for the purposes of providing accessible business areas for residents to obtain goods and services." Subsection (A) lists thirty-three permitted uses within the B-1 district, including "[s]tores and shops conducting retail business." Petitioner claims his flea market is included within the definition of stores and shops and is, therefore...

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