In re Groves, 235 N.C. 756 (1952)

June 11, 1952 · Supreme Court of North Carolina
235 N.C. 756

In the Matter of MRS. E. R. GROVES.

(Filed 11 June, 1952.)

Appeal by the respondent, the Board of Adjustment of Chapel Hill, from Williams, J., at the October Term, 1951, of OeaNge.

Proceeding in the nature of certiorari to review refusal of permit to repair a building in a residential zone in Chapel Hill.

The applicant, Mrs. E. R. Groves, applied to the building inspector for a permit to repair a building in a residential zone in Chapel Hill. The permit was refused by him as not authorized by the zoning ordinance of the municipality, and the applicant appealed to the Board of Adjustment of Chapel Hill, which affirmed the decision of the building inspector. The Superior Court reviewed the decision of the Board of Adjustment 'by this proceeding in the nature of certiorari, and rendered a judgment reversing that decision and ordering the issuance of the permit sought by the applicant. The Board of Adjustment thereupon appealed to the Supreme Court, assigning the conclusions of law and the judgment of the Superior Court as error.

Emery B. Denny, Jr., and John T. Manning for the applicant, appellee.

J. Q. I/eGrand for the respondent, appellant.

Pee Cueiam:.

The appellant has failed to show that the Superior Court committed error in reviewing the decision of the Board of Adjust*757ment. Nichols v. Trust Co., 231 N.C. 158, 56 S.E. 2d 429. Hence, the judgment is

Affirmed.