{
  "id": 9250554,
  "name": "CAPITAL OUTDOOR, INC., Petitioner/appellant/cross-appellee v. GUILFORD COUNTY BOARD OF ADJUSTMENT, Respondent/appellee/cross-appellant",
  "name_abbreviation": "Capital Outdoor, Inc. v. Guilford County Board of Adjustment",
  "decision_date": "2002-08-20",
  "docket_number": "No. COA00-969-2",
  "first_page": "474",
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          "parenthetical": "proper construction of ordinance presents a question of law and is reviewable de novo'"
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      "year": 2001,
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          "parenthetical": "hereinafter Capital I"
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          "page": "268",
          "parenthetical": "Greene, J., dissenting"
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          "page": "268-69",
          "parenthetical": "Greene, J., dissenting"
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      "cite": "146 N.C. App. 388",
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  "last_updated": "2023-07-14T14:40:03.287783+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges GREENE and CAMPBELL concur."
    ],
    "parties": [
      "CAPITAL OUTDOOR, INC., Petitioner/appellant/cross-appellee v. GUILFORD COUNTY BOARD OF ADJUSTMENT, Respondent/appellee/cross-appellant"
    ],
    "opinions": [
      {
        "text": "BRYANT, Judge.\nBased on the reasons stated in the dissenting opinion in Capital Outdoor, Inc. v. Guilford Cty. Bd. of Adjust., 146 N.C. App. 388, 552 S.E.2d 265 (2001) (hereinafter Capital I), rev\u2019d per curiam, 355 N.C. 269, 559 S.E.2d 547 (2002), the Supreme Court reversed the majority opinion of this Court as to the majority\u2019s articulation of the standard of review of superior court orders upholding or reversing agency/board decisions. The evidence presented before the superior court in this case is summarized in Capital I. Consistent with the Supreme Court\u2019s mandate, we now articulate the standard of review to be employed by an appellate court.\nAs stated by the dissent in Capital I, \u201can appellate court\u2019s obligation to review a superior court order for errors of law, . . . can be accomplished by addressing the dispositive issue(s) before the agency[/board] and the superior court without [(1)] examining the scope of review utilized by the superior court\u201d and (2) remanding the case if the standard of review employed by the superior court cannot be ascertained. Id. at 392, 552 S.E.2d at 268 (Greene, J., dissenting) (emphasis added) (citation omitted). Thus, depending on which issues were raised in the present case, an appellate court must determine whether: \u201c1) the [b]oard committed any errors in law; 2) the [b]oard followed lawful procedure; 3) the petitioner was afforded appropriate due process; 4) the [b]oard\u2019s decision was supported by competent evidence in the whole record; and 5) ... the [b]oard\u2019s decision was arbitrary and capricious.\u201d Id. at 390, 552 S.E.2d at 267.\nAccording to the dissent in Capital I:\nThe dispositive issue in this case is whether the Board erred in interpreting the Guilford County Development Ordinance (the Ordinance). See Westminster Homes, Inc. v. Town of Cary Zoning Bd. of Adjustment, 140 N.C. App. 99, 102-03, 535 S.E.2d 415, 417 (2000) (proper construction of ordinance presents a question of law and is reviewable de novo').\nOrdinance \u00a7 6-4.24 prevents the placement of a billboard within \u201cthree hundred (300) feet [of] any residentially zoned property.\u201d Guilford County, N.C., Guilford County Development Ordinance \u00a7 6-4.24 (Nov. 19, 1990). In early 1999, Capital Outdoor, Inc. (Capital) applied for and received a permit from the Guilford County Planning Department (the Department) to place a billboard in Guilford County. After the billboard was constructed, the Department revoked the permit because the billboard was located within 300 feet of land zoned \u201cAgricultural.\u201d\nThe underlying issue is whether property zoned \u201cAgricultural\u201d is \u201cresidentially zoned property\u201d within the meaning of section 6-4.24. The Board argues that because residences are permitted within \u201cAgricultural\u201d zoned areas, property zoned \u201cAgricultural\u201d is \u201cresidentially zoned property.\u201d We disagree. Although residences are permitted in an \u201cAgricultural\u201d district, such a district \u201cis primarily intended to accommodate uses of an agricultural nature,\u201d Ordinance \u00a7 4-2.1(A), and in any event, is not zoned \u201cResidential.\u201d There are two districts which are zoned \u201cResidential\u201d: Ordinance \u00a7 4-2.1(B) covers a Single-Family Residential district, and Ordinance \u00a7 4-2.1(C) covers a MultiFamily Residential district. Because the language of Ordinance \u00a7 6-4.24 is plain and unambiguous, \u201cit must be given effect and its clear meaning may not be evaded by an administrative body or a court under the guise of construction.\u201d Utilities Comm\u2019n v. Edmisten, 291 N.C. 451, 465, 232 S.E.2d 184, 192 (1976). In the Ordinance, there is no provision prohibiting the location of a billboard within 300 feet of property zoned \u201cAgricultural.\u201d The prohibition is only against the location of billboards within 300 feet of property zoned as either Single-Family Residential or MultiFamily Residential. Accordingly, the Board committed an error of law in construing the Ordinance otherwise and erred in revoking Capital\u2019s permit. Likewise, the superior court erred in affirming that revocation.\nId. at 393, 552 S.E.2d at 268-69 (Greene, J., dissenting). In agreement with this analysis, we reverse the order of the superior court and remand to that court for remand to the Board for reinstatement of the billboard permit.\nREVERSED and REMANDED.\nJudges GREENE and CAMPBELL concur.\n. In light of our ruling, we need not address petitioner\u2019s alternative arguments and respondent\u2019s cross-appeal.",
        "type": "majority",
        "author": "BRYANT, Judge."
      }
    ],
    "attorneys": [
      "Waller, Stroud, Stewart & Araneda, LLP, by Betty S. Waller, Cary, for petitioner.",
      "Guilford County Attorney\u2019s Office, by Jonathan V. Maxwell, County Attorney, and Mercedes 0. Chut, Deputy County Attorney, for respondent."
    ],
    "corrections": "",
    "head_matter": "CAPITAL OUTDOOR, INC., Petitioner/appellant/cross-appellee v. GUILFORD COUNTY BOARD OF ADJUSTMENT, Respondent/appellee/cross-appellant\nNo. COA00-969-2\n(Filed 20 August 2002)\n1. Administrative Law\u2014 judicial review of agency decision\u2014 scope of review \u2014 standard of review\nAn appellate court\u2019s obligation to review a superior court order upholding or reversing agency/board decisions for errors of law can be accomplished by addressing the dispositive issues before the agency/board and the superior court without: (1) examining the scope of review utilized by the superior court; and (2) remanding the case if the standard of review employed by the superior court cannot be ascertained.\n2. Zoning\u2014 billboard \u2014 agricultural district not residentially zoned property\nA county development ordinance prohibiting the placement of a billboard within 300 feet of any \u201cresidentially zoned property\u201d was not violated by a billboard located within 300 feet of land zoned \u201cAgricultural\u201d because property zoned \u201cAgricultural\u201d is not \u201cresidentially zoned property\u201d within the meaning of the ordinance even though residences are permitted in an \u201cAgricultural\u201d district.\nOn remand based on order of Supreme Court entered 7 March 2002 in Capital Outdoor, Inc. v. Guilford Cty. Bd. of Adjust., 355 N.C. 269, 559 S.E.2d 547 (2002), reversing decision of the Court of Appeals as to the standard of review and remanding for consideration on the merits of remaining assignments of error. Appeal by petitioner and respondent from order entered 27 April 2000, by the Honorable Marcus L. Johnson, in Guilford County Superior Court. Originally heard in the Court of Appeals 14 August 2001.\nWaller, Stroud, Stewart & Araneda, LLP, by Betty S. Waller, Cary, for petitioner.\nGuilford County Attorney\u2019s Office, by Jonathan V. Maxwell, County Attorney, and Mercedes 0. Chut, Deputy County Attorney, for respondent."
  },
  "file_name": "0474-01",
  "first_page_order": 502,
  "last_page_order": 504
}