The above captioned matter was heard as a contested case on November 1, 1978, at which time the complainant and the respondents appeared and stipulated to certain facts.

      After consideration of the entire record, the following facts are found:

      1.  The respondents are public agencies as defined by §l-18a(a), G.S.

      2.  A quorum of the respondent board held a special meeting on August 28, 1978.

      3.  The following two actions were taken at such meeting:

            a. a zoning enforcement officer was appointed;
  
            b. suit was authorized to be brought. against the zoning board of 
                appeals of the respondent town for granting a certain application 
                for variance.

      4.  The notice to such special meeting did not contain the time of the meeting.

      5.  The respondents admit that such meeting was fatally defective because of the absence of time in the meeting notice and agree that all actions taken therein are null and void.

      The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:

      1.  All actions taken at the respondent board's special meeting of August 28, 1978 are hereby declared null and void.

      Approved by order of the Freedom of Information Commission Novembe r   29, 1978 the Commission.