The abolition of a board of adjustment followed by the establishment of a new board does not violate the prohibition on shortening the three-year terms of board of adjustment members.

Allegedly motivated by the mayor's anger regarding the board of adjustment's refusal to grant him a special use permit for property he owned, the Swansboro Board of Commissioners took a series of actions that resulted in the abolition of the old board of adjustment and establishment of a new board with an entirely new membership. The members of the old board brought this action alleging, inter alia, that the abolition of the old board shortened the terms of the members in violation of G.S. 160A-388(a). The trial court upheld the action of the board, and the Court of Appeals affirmed.

Allegedly motivated by the mayor's anger regarding the board of adjustment's refusal to grant him a special use permit for property he owned, the Swansboro Board of Commissioners took a series of actions that resulted in the abolition of the old board of adjustment and establishment of a new board with an entirely new membership. The members of the old board brought this action alleging, inter alia, that the abolition of the old board shortened the terms of the members in violation of G.S. 160A-388(a). The trial court upheld the action of the board, and the Court of Appeals affirmed.

While acknowledging that G.S. 160A-388(a) provides that members of a board of adjustment are to be appointed for three years, the N.C. Supreme Court directed its attention to G.S. 160A-146, which grants city councils the right to organize city government, a right that includes the power to "create, change, abolish, and consolidate offices, positions, departments, boards, commissions, and agencies of the city government...." While it is true that the terms of members of a board of adjustment may not be reduced so long as the board is in existence, that restriction does not limit the authority to abolish a board of adjustment. Subject to the procedural requirements for amending the zoning ordinance, a town council can abolish a board of adjustment, create a new board and appoint new members for three year terms.

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[Land Use; Board of Adjustment]