The opinion
TYSON, Judge,
dissenting.
I respectfully dissent from the majority’s opinion. The majority’s opinion affirms the trial court’s order that affirmed respondent’s revocation of petitioner’s permits and concludes that respondent lawfully revoked petitioner’s permit under the statutory authority contained in N.C.G.S. 153A-362. “A permit mistakenly issued in violation of an applicable State or local law or local ordinance or regulation also may be revoked.” N.C. Gen. Stat. § 153A-362 (2001). Petitioner argues that the permits were not issued under a mistake of law, rather according to a consistent and long-standing interpretation of the ordinance by respondent’s Planning Director. I agree.
The uncontradicted testimony from Mr. Genereux, respondent’s Planning Director who issued the permits, shows that he issued the permits consistent with Johnston County’s interpretation of the zoning ordinance since its adoption eight years earlier. There was no evidence before respondent, nor any in the record, to show that the permits were issued under a mistake of law.
Respondent revoked petitioner’s permits after adopting a new interpretation of the ordinance and applying it retroactively only to permits issued within twelve months prior to the new interpretation. Petitioner argues that this action was arbitrary and capricious.
Four outdoor advertising permits had been issued within twelve months prior to the new interpretation of the ordinance, two of which are before us. Petitioner had received its zoning permits, submitted its site plans, received its building permits, completed construction of the structure on one permit, purchased materials, and delivered them to the site on the other, prior to when its permits were revoked.
*523 Of the remaining two outdoor advertising permits issued within twelve months prior to the adoption of the new interpretation, one expired within two weeks of the new interpretation with no building permit issued. The remaining permit was to expire five months after the new interpretation was adopted and the building permit previously issued had expired.
Respondent did not apply its “new interpretation” to all outdoor advertising permits previously issued for eight years under the original interpretation of the ordinance. The retroactive application of the new interpretation, arrived at in a closed door session where petitioner neither had notice nor opportunity to appear, was applied and enforced in a manner to impact only petitioner’s permits after it had materially changed its position in reliance of the issuance of the two permits.
The facts at bar are analogous to the facts in Town of Hillsborough v. Smith, 276 N.C. 48 , 170 S.E.2d 904 (1969). I would reverse the decision of the superior court. Therefore, I respectfully dissent.