CHERRY v. WIESNER

No. COA15-155.

781 S.E.2d 871 (2016)

Louis CHERRY and Marsha Gordon, Petitioners v. Gail WIESNER, City of Raleigh, and Raleigh Board of Adjustment, Respondents. City of Raleigh, a municipal corporation, Petitioner v. Raleigh Board of Adjustment, Louis W. Cherry, III, Marsha G. Gordon, and Gail P. Wiesner, Respondents.

Court of Appeals of North Carolina.

February 16, 2016.


Attorney(s) appearing for the Case

Kilpatrick Townsend & Stockton LLP, Raleigh, by Joseph S. Dowdy and Phillip A. Harris, Jr. , for petitioner-appellees Louis Cherry and Marsha Gordon.

City of Raleigh Attorney, Thomas A. McCormick , by Deputy City Attorney, Dorothy K. Leapley and Associate City Attorney, Nicolette Fulton , for petitioner-appellee City of Raleigh.

Petesch Law, Raleigh, by Andrew J. Petesch , for respondent-appellant Gail Wiesner.


Synopsis of Opinion

Gail Wiesner ("respondent") lives across the street from the single-family "modernist" design home of Louis Cherry and Marsha Gordon ("petitioners") in Raleigh's Oakwood neighborhood. Oakwood is a designated historic district, where the design of new construction must be approved by the Raleigh Historic...

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