Agenda - Planning Commission - 09/04/2003

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Page 2 -- August: l 0, 200.3 .Junkyards -- Owner claims he is operating auto repair business States he sometimes acquired vehicles ;o use as spare parrs NORTH CAROLINA 1.6/·//0: ) -- ~.,. e 'Town of'~a,/er¢iiie filed a compl~r against Moms alleging that he was operating and mmnrmmng a ju~ y~d on Ns prope~. ~ae notice reierenced a local zomng ordinance, wNch proNbited a noncom'o~ng !and use of rhar i~d m an R-2 residential zo~g dismcr. '~ne town asked ~he cou~ for an order stopping Moms for the continued opera'tion of the ju~ y~d and an order of abatement to remove the ju~ y~d. ~ne town ~iso a~ed Meres ,affe based upon "her possible m~ral interest the prope~." Moms answ'ered by denying the town's entitlement to an order. He cia~ed he had been operating a c~ repak shop on the prope~ for more that 20 years. Mo~s did not deny p~a~aphs ~e and ~2 of the complaint, wNch specffi- ca~y mentioned ju~ y~d operation. x~u an affidavit staring ~e was opera~ng an auto rep~ shop on ~he prope~y and "in the course of said business he often would acquke several veNcies to ca~bahze and use as sp~e p~s for the repa~ of other veNcles for customers an~or ior sale." ~e went on to say that he did not con- sider Ns prope~y ro be a ju~ 7~d. bur he ad~tted to have made previous a~empts to feaster the prope~/as such. The town ~-as ~anred judgment ~aithout a rfiai. Moms was pe~anenrly stopped i~om violating the zoning ordinance and ordered to ~bare r~e mainte- nance and use ~ :he prope~/as a junk 7~d. ~ne retevant statute provided aju~ y~d is "a lot, land or s~cmre, or thereof, used pn~2y for the coilecrion, storage and sale of waste, paper, rags, scrap metal, or o~er disc~ded mareNal; or for co~ecring, dismant~ng, storage or s~va~ng of macNnery or veNctes not in operating condition. sha~ include the sale of pa~s ~om such macNneu or Moms appe~ed, contending the [own failed to esrabhsh that the propexy was used p~iy for the %forage or sols/aging of... veNcles not in operating condition." DECISION: Affirmed, r~e lower cou~ appropriately found in favor of the town. The cau~ noted Moms stored many vehicles on the prope~y that were inoperable. FaF&er. Mo~s made previous attempts to register Ns prope~y as aju~ y~d; and the pictures of the property cie~ly indicated that ~e prope~/ was a ju~ y~d. Moms' denial of allegations that appe~ed m p~agraphs nine and 12 were made in ~s second affidavit, wNch was not available to the cou~ until after irs judgment. Cira~on: Town ,9f Weaue~2ille '~. Morris, Co,trr of Appeals of 3/orrh Carolina, No. see also: Daniei ,~. Darnel ~' : ~0 S.E. 2d 689 ( ]999). zee also: Craig v C~9~mp~ oF Charham. ~ .s ~ o../ ~ ~2002). 130