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eBook details

• Title: Chappell v. Winslow
• Author : Supreme Court of North Carolina
• Release Date : January 01, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The first question which Humble, the petitioner-appellant, discusses in its brief is whether it has standing to challenge the Boards denial of its application for the special use permit. This question was not raised at the joint hearing before the Aldermen and the Planning Board. However, in its answer to Humbles petition to the Superior Court for a writ of certiorari, after responding to the merits of each averment, the Aldermen alleged "that the petitioner is not the proper party to apply for a special use permit, it being the holder of options only... ." Notwithstanding, at the hearing before Judge McKinnon the Board did not make this contention; nor did it raise this point in the Court of Appeals. That court, however, ex mero motu, considered the question. Relying upon Lee v. Board of Adjustment, 226 N.C. 107, 37 S.E.2d 128, 168 A.L.R. 1 (1946), it held that Humble lacked standing. Even so it passed upon the assignments of error and affirmed the action of the Board in refusing to issue the special permit.

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