Volume 13 — North Carolina Court of Appeals Reports

1. Municipal Corporations 30 — special use permit — decision by Board of Adjustment — legislative power Where a municipal ordinance required the Board of Adjustment to issue a special use permit when it made certain affirmative findings specified in the ordinance, the Board's determination of whether to issue a special use permit was not an unlawful exercise of legislative power in violation of Article II, Section 1, of the N.C. Constitution. 2. Municipal Corporations 30 — denial of special use permit — insufficiency of applicant's evidence The record supports the Board of Adjustment's denial of a special use permit for construction of a self-service gas station on the ground that the applicant had failed to produce sufficient evidence for the Board to make the findings required for issuance of such a permit.

1. Parties 1; Rules of Civil Procedure 19 — action to impress parol trust — necessary parties In this action to have a parol trust impressed on property conveyed by a mother, now deceased, to her son allegedly with instructions to divide the property among her children who had not already been conveyed a portion of her lands, there is a fatal defect of parties<page_number>Page 720</page_number> where all of the children who had not already been conveyed a portion of the lands, or their heirs or devisees, were not made parties to the action. G.S. <cross_reference>1A-1</cross_reference>, Rule 19. 2. Parties 1; Rules of Civil Procedure 10 — necessary parties Necessary parties are those persons who have rights which must be ascertained and settled before the rights of the parties to the suit can be determined.