(DOWNLOAD) "Town of Hillsborough v. Smith" by Supreme Court of North Carolina No. 17 * Book PDF Kindle ePub Free
eBook details
- Title: Town of Hillsborough v. Smith
- Author : Supreme Court of North Carolina No. 17
- Release Date : January 10, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The town issued to the male defendant, who then had an option to purchase the land in question, a permit to construct thereon the building which he proposes to construct and to use for a dry cleaning business. Neither such construction nor such use was forbidden by law when the permit was issued. The issuance of the permit did not, of itself, confer upon the defendants a vested property right, of which they could not be deprived by a zoning ordinance subsequently enacted. Warner v. W & O, Inc., 263 N.C. 37, 138 S.E.2d 782. Such permit, though valid when issued, may be revoked by or pursuant to a zoning ordinance, otherwise valid and adopted prior to the taking by the holder of any action in reliance upon the permit. 8 McQuillin, Municipal Corporations, §Â§ 25.156, 25.158. Where, however, in bona fide reliance upon such permit, the holder constructs the building authorized thereby, his right to use it for the intended purpose, not otherwise unlawful, vests and may not be taken from him by a subsequently enacted zoning ordinance. Warner v. W & O, Inc., supra.