FLOWERREE v. CITY OF CONCORD

No. 8819SC386.

378 S.E.2d 188 (1989)

Charles E. FLOWERREE and wife, Jane Flowerree v. CITY OF CONCORD, North Carolina and the Concord Board of Adjustment.

Court of Appeals of North Carolina.

April 18, 1989.


Attorney(s) appearing for the Case

Michael B. Brough & Associates by Michael B. Brough and Frayda S. Bluestein, Durham, for petitioners-appellees.

Ford, Parrott & Hudson by John T. Hudson, Salisbury, and Johnson, Belo & Plummer by Gordon Belo, Concord, for defendant-appellant.


COZORT, Judge.

The question before us is whether the City of Concord properly denied plaintiffs' application for an occupancy permit based on a finding that there was a "cessation" of a nonconforming use when plaintiffs' duplex apartments were unoccupied by tenants for a period in excess of three consecutive months. We hold that there was not a cessation of use within the meaning of the applicable zoning ordinance and therefore...

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