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TOWN OF SOUTHERN PINES v. MOHR

No. 7520SC931.

226 S.E.2d 865 (1976)

30 N.C. App. 342

TOWN OF SOUTHERN PINES, A Municipal Corporation v. Dr. Jack MOHR et al., Defendants, and Constance M. Baker, Additional Defendant.

Court of Appeals of North Carolina.

August 4, 1976.

Attorney(s) appearing for the Case

W. Lamont Brown, Southern Pines, William D. Sabiston, Jr., Hurley E. Thompson, Jr., Carthage, and W. Daniel Pate, Southern Pines, for plaintiff-appellant.

Lee & Lee by Helen H. Madsen and W. Osborne Lee, Jr., Lumberton, Seawell, Pollock, Fullenwider, VanCamp & Robbins by James R. VanCamp, Southern Pines, Blanchard, Tucker, Twiggs & Denson, by Howard F. Twiggs, Raleigh, for original defendant-appellees.

MORRIS, Judge.

Plaintiff appellant contends in its sole assignment of error that the trial court erred in entering summary judgment for the original defendants. There is no merit to this contention.

Pursuant to Section 9.1 of the plaintiff's zoning ordinance, "permitted uses" include "[p]ublic buildings—town, county, city, state, federal or regional authority." In its brief plaintiff concedes that:

"1. The Center is a local mental health clinic...

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