1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 178 S.E.2d
  5. 178 S.E.2d 616 (1971)
 

KEIGER v. WINSTON-SALEM BOARD OF ADJUSTMENT

No. 33.

178 S.E.2d 616 (1971)

Charles F. KEIGER and Mamilee Enterprises, Incorporated v. The WINSTON-SALEM BOARD OF ADJUSTMENT, J. A. Hancock, Roy Setzer, C. C. Smithdeal, Jr., John Manning, William F. Thomas, Sam Ogburn and Mrs. Martha Cates, and the Winston-Salem-Forsyth County Planning Board, F. Gaither Jenkins, Zeb B. Stewart, A. L. Evans, Hampton D. Haith, Clifton E. Pleasants, H. C. Porter, J. C. Smith, M. C. Benton, Jr., David W. Darr.

Supreme Court of North Carolina.

January 29, 1971.

Attorney(s) appearing for the Case

R. Kason Keiger, Winston-Salem, for petitioner appellants.

Womble, Carlyle, Sandridge & Rice by William F. Womble and Zeb E. Barnhardt, Winston-Salem, for respondent appellees.

BOBBITT, Chief Justice.

The principal constitutional question presented is whether the denial of petitioners' application for the special use permit constituted an unlawful exercise of legislative power by the Board of Adjustment in violation of Article II, Section 1, of the Constitution of North Carolina.

The original zoning power of the State reposes in the General Assembly. Marren v. Gamble, 237...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases