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KENAN v. BOARD OF ADJUSTMENT OF TOWN OF CHAPEL HILL

No. 7215SC272.

187 S.E.2d 496 (1972)

13 N.C. App. 688

Frank H. KENAN, Petitioner, v. BOARD OF ADJUSTMENT OF the TOWN OF CHAPEL HILL et al., Respondents.

Court of Appeals of North Carolina.

Certiorari Denied May 24, 1972.

Attorney(s) appearing for the Case

Manning, Allen & Hudson by James Allen, Jr., Chapel Hill, for petitioner appellants.

Haywood, Denny & Miller by Emery B. Denny, Jr., Chapel Hill, for respondent appellees.

Certiorari Denied by Supreme Court May 24, 1972.

CAMPBELL, Judge.

Petitioner contends that under the ordinance, Sections 4-B-1(a) (1), (3) and (4), the Board of Adjustment is given the authority to grant or withhold special use permits in its discretion without proper standards. Petitioner argues that this is a delegation of the legislative power to an administrative body and is therefore unconstitutional under Article II, Section 1 and Article I, Section...

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