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AYERS v. BOARD OF ADJUSTMENT

No. 932SC123.

439 S.E.2d 199 (1994)

Donald E. AYERS, D/B/A Ayers Wood Yard, Petitioner, v. BOARD OF ADJUSTMENT FOR the TOWN OF ROBERSONVILLE THROUGH Its Chairperson Thelma ROBERSON, Respondent.

Court of Appeals of North Carolina.

February 1, 1994.

Attorney(s) appearing for the Case

Bowen & Batchelor by J. Melvin Bowen and James R. Batchelor, Jr., Williamston, for respondent-appellant.

Colombo, Kitchen & Johnson by Thomas H. Johnson, Jr., Greenville, for petitioner-appellee.

MARTIN, Judge.

G.S. § 160A-388(e) (Supp.1992) provides that every decision of a municipal board of adjustment "shall be subject to review by the superior court by proceedings in the nature of certiorari." In proceedings of this nature, the superior court sits as an appellate court and may review both the sufficiency of the evidence presented to respondent and whether the record reveals an error of law. Concrete Co. v. Board of Commissioners,

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