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MURDOCK v. CHATHAM COUNTY

No. COA08-809.

679 S.E.2d 850 (2009)

Robert MURDOCK, Jr., Beverly Murdock, David W. Keesee, Susan H. Keesee, Elaine J. Foster, and James Foster, Plaintiffs, v. CHATHAM COUNTY, a North Carolina County and a Body Corporate and Politic, and its members in their official capacities: Bunkey Morgan, Tommy Emerson, Patrick Barnes, Michael Cross, and Carl H. Outz, the Chatham County Board of Adjustment and the Members thereof in their official capacities: Carl E. Thompson, George Lucier, Patrick Barnes, Allen Michael Cross, and Tom Vanderbeck, Defendants, v. Lee-Moore Oil Company, Intervenor.

Court of Appeals of North Carolina.

July 21, 2009.

Attorney(s) appearing for the Case

Lewis, Anderson, Phillips & Hinkle, PLLC, by J. Dickson Phillips, III; Bagwell, Holt, Smith, Tillman & Jones, P.A., by Nathaniel C. Smith; and The Brough Law Firm, by Robert E. Hornik, Jr., Chapel Hill, for plaintiffs-appellees.

Smith Moore Leatherwood, LLP, by James G. Exum, Jr., Thomas E. Terrell, Jr., and Travis W. Martin, Greensboro, for intervenor-appellant.

STEELMAN, Judge.

Chatham County's Zoning Ordinance has the force of law; therefore, its provisions cannot be waived. A county planning board or official has no authority to modify the provisions of the Zoning Ordinance by interpretation. Chatham County was required to follow the correct procedural specifications, which required a thirty-day period between the filing of a proposed amendment and the hearing dates in amending its Zoning Ordinance. Plaintiffs had standing...

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