MALLOY v. ZONING BD. OF ADJUSTMENT

No. COA02-318.

573 S.E.2d 760 (2002)

Malcolm M. MALLOY, III, and Pioneer Welding Supply, Petitioners, v. The ZONING BOARD OF ADJUSTMENT OF THE CITY OF ASHEVILLE, Respondent.

Court of Appeals of North Carolina.

December 31, 2002.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Craig D. Justus and Albert L. Sneed, Jr., Asheville, for petitioner-appellants.

City Attorney's Office, by Assistant City Attorney Martha Walker-McGlohon, for respondent-appellee.


HUDSON, Judge.

Petitioners appeal from an order entered by Superior Court Judge Ronald K. Payne affirming the decision of the Zoning Board of Adjustment of the City of Asheville.

Petitioner Malloy owns real property located at 100 Park Avenue ("the Property") within the zoning jurisdiction of the City of Asheville ("the City"). Petitioner Pioneer Welding Supply leases the Property for the operation of a welding and gas supply business. For more than thirty...

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