Orange County NC Website
Browse       Search
GOG�: N, BERNHOLZ, DICKERSON, <br /> BERNHOLZ, GLEDHILL & HARGRA.VE <br /> ATTORNEYS AT LAW - <br /> - CHURTON STREET 028 <br /> ..LLSBOROLoH, N.C. 27278 <br /> 919-732-219G <br /> 919-942-8000 <br /> CHAPEL HILL OFFICE <br /> SUITE 20.FRANKLIN BUILDING <br /> 137 E.FRANKLIN STREET <br /> CHAPEL HILL,N.C.27514 <br /> 919.539-7131 <br /> ALONZO B.coLEXAN.JR. October 18, 1985 <br /> STEVEN A.BERNHOLZ <br /> DONALD R.DICKERSON <br /> ROGER B.BERNHOLZ <br /> GEOFFREY E.GLEDHILL <br /> DOUGLAS HARGRAVE <br /> MARTIN J.BERNHOLZ <br /> RICHARD J.SIIDER,JR. <br /> JANE G.de LISSOVOY <br /> G.NICHOLAS HERMAN Ma',rvin Collins <br /> LYNN A.ANDREWS • <br /> Of Counaet <br /> Or',ange County Planning Director <br /> BONNER D.SAWYER Orange County Planning Department <br /> (1902-1972) 106 E. Margaret Lane <br /> Hillsborough, North Carolina: 27278 <br /> Re: Storage of junked or wrecked motor vehicles <br /> Dear Marvin: <br /> This letter confirms our conference on October 8th <br /> related to the changes needed in. Orange County's Zoning <br /> Ordinance in order to regulate the storage of junked or <br /> wrecked motor vehicles. Changes are necessary because <br /> Judge Paschal , in the criminal prosecution of Mr . <br /> Pratt, who was charged with violating the County <br /> ordinance prohibiting storage of junked or wrecked <br /> motor vehicles in a residential district, found the <br /> ordinance provision unconstitutional . In that regard <br /> it is important to note that Judge Paschal upheld <br /> Orange County ' s power to regulate the storage of junked <br /> oxlwrecked motor vehicles in residential districts <br /> through the use of a zoning ordinance . This <br /> notwithstanding other statutory authority empowering <br /> the state and counties to remove and dispose of <br /> abandoned and junked motor vehicles. <br /> Judge Paschal ruled that the definition in the <br /> Orange County ordinance of a junked or wrecked motor <br /> vehicle was too broad . It would, for example, make <br /> unlawful the storage of an operable vehicle properly <br /> liCensed and registered under the laws of some state <br /> other than North Carolina . Judge Paschal also <br /> expressed concern about the fact that a garaged or <br /> oth'lerwise enclosed vehicle which meets the definition <br /> of junked or wrecked under the ordinance would violate <br /> thei ordinance if the vehicle were so stored in a <br /> residential district. <br />- I <br /> theyI recommend we address these concerns by amending <br /> definition of junked or wrecked motor vehicles <br />