These three proceedings for certiorari were brought in the Stanly County Superior Court to obtain a judicial review of three decisions made by the Zoning Board of Adjustment of the City of Locust. Two оf the decisions denied petitioner Little’s application to establish a mobile home park on certain of his land, and the other dеnied the application of petitioner Morgan to put a mobile home on a lot that Little contracted to sell him. Since the rеspondent Zoning Board raised somewhat the same legal questions in opposing each proceeding the proceedings were consolidated by the trial court for the purpose of ruling on those questions. And after two and a half years in court those questions, based оn respondents’ defenses to the petitions, are the only things that have been ruled on in this case though zoning board decisions are usually reviewed with dispatch, as they should be since G.S. 160A-388(e) makes all such decisions reviewable by “proceedings in the nature of certiorari” and all that is needed is the record of the decision involved and a Superior Court judge to review it. Which means, of course, that respondents’ appeal is fragmentary, premature and unauthorized. G.S. 1-277; G.S. 7A-27; Rule 54, N.C. Rules of Civil Procedure. Nevertheless, in view of the inordinate delay already cаused by respondents’ meritless defenses, the proper administration of justice requires that they be eliminated from the case without further adо, Rule 2, N.C. Rules of Appellate Procedure; thus, we accept the appeal and affirm the orders appealed from.
Thesе simple, expedient proceedings for the mere review of three zoning board decisions came to their present inexpediеnt state as follows: After the application of Edward Miles Little to establish a mobile home park on his land was denied by the respondent Zоning Board of Adjustment at its meeting on 16 February 1984, he petitioned
In appealing respondents still сontend that petitioner Little’s second “action” should be dismissed because of “a prior pending action,” and that all the “actions” shоuld be dismissed because they were not accompanied by a summons and were not verified. The verification defense is refuted by Rule 11, N.C. Rules оf Civil Procedure, which provides that: “Except when otherwise specifically provided by these rules or by statute, pleadings need not be verified or accompanied by affidavit”; and by the fact that no other civil procedure rule or statute requires that a petition to review a zoning board decision be verified. The summons and prior action defenses have no possible relevance to these proceedings, the nature of which has apparently not been recognized by respondents. A petition for
certiorari
is not an action for civil redrеss or relief, as is a suit for damages or divorce; a petition for
certiorari
is simply a request for the court addressed to judicially review a partiсular decision of some inferior tribunal or government body. Thus, petitioner Little’s first petition to judicially review a zoning board decision made on 16 February 1984 was no bar as a “pending action” to his second petition to review a decision that was not made until more than a year later. Furthermore, when the second petition was filed the first proceeding was not even pending, because the first petition along with the 1984 decision that it addressed became as nothing when the judge
ordered the respondent Board to hear the matter
de novo;
and in any event the second decision could not have been reviewed pursuant to a petition to review a different decision. As to the absence of а summons, a petition for
certiorari
is not the beginning of an action for relief, as respondents suppose; in effect it is an appeal from a decision made by another body or tribunal.
Cer-tiorari
was devised by the early common law courts as a substitute for appeal and it has been so emрloyed in our jurisprudence since the earliest times. McIntosh, N.C. Practice and Procedure in Civil Cases Secs. 705, 706 (1929);
Gidney v. Hallsey,
The orders overruling respondents’ defenses to the petitions are affirmed and these matters are remanded to the Superior Court for the judicial review that petitioners have been entitled to since these proceedings for certiorari were filed.
Affirmed and remanded.
