TAYLOR v. BOWEN

No. 683.

158 S.E.2d 837 (1968)

272 N.C. 726

John Robert TAYLOR and wife, Julia E. Taylor v. H. F. BOWEN, Building Inspector for the City of Fayetteville, Monroe E. Evans, Mayor of the City of Fayetteville, Charles Holt, Harry Shaw, Johnny Joyce and Gene Plummer, Councilmen of the City of Fayetteville, and the City of Fayetteville, a municipal corporation.

Supreme Court of North Carolina.

February 2, 1968.


Attorney(s) appearing for the Case

Williford, Person & Canady, by N. H. Person, Fayetteville, for plaintiff appellants.

Harry B. Stein, Fayetteville, for defendant appellees.


HIGGINS, Justice.

The question of law presented by this appeal is simple. Did the Community College Planning Board and the Cumberland County Board of Commissioners lose zoning jurisdiction and did the City of Fayetteville acquire that jurisdiction when the area became a part of the city by annexation? The general rule is stated by Barnhill, J. (later C. J.) in Parsons v. Wright, 223 N.C. 520, 27 S.E.2d 534: "When a municipal corporation is established it takes control...

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