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SCHROEDER v. CITY OF WILMINGTON

No. COA21-192.

872 S.E.2d 58 (2022)

2022-NCCOA-210

David SCHROEDER and Peggy Schroeder, Plaintiffs, v. CITY OF WILMINGTON and City of Wilmington Board of Adjustment, Defendants.

Court of Appeals of North Carolina.

Filed April 5, 2022.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough, LLP, by John E. Branch, III , Raleigh, and Andrew D. Brown , Raleigh, and Institute for Justice, by Ari Bargil and Adam Griffin , for Plaintiffs-Appellees/Cross-Appellants.

Poyner Spruill LLP, by N. Cosmo Zinkow and Robert E. Hagemann , Charlotte, and Deputy City Attorney Meredith T. Everhart , for Defendant-Appellant/Cross-Appellee City of Wilmington.

¶ 1 The North Carolina Constitution establishes the State as sovereign, and local governments may exercise only those powers that our General Assembly "deem[s] advisable" through legislative enactment. N.C. Const. art. VII, § 1. When a legal question arises regarding the scope of a local government's authority, it is the...

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