GRAHAM COURT ASSOC. v. TOWN COUNCIL, ETC.

No. 8015SC1039.

281 S.E.2d 418 (1981)

GRAHAM COURT ASSOCIATES, a partnership, consisting of Brian L. South, Kenneth G. Browder, and Katherine Harkey, v. TOWN COUNCIL OF the TOWN OF CHAPEL HILL, Marilyn Boulton, Joseph Herzenberg, Jonathan Howes, Mayor Pro Tem, Beverly Kawalec, R. D. Smith, Joseph Straley, Bill Thorpe, James C. Wallace, Town of Chapel Hill, and Mayor Joseph L. Nassif.

Court of Appeals of North Carolina.

September 1, 1981.


Attorney(s) appearing for the Case

Turner, Enochs, Foster, Sparrow & Burnley by James H. Burnley, IV, Wendell H. Ott, Greensboro, for petitioner-appellee.

Haywood, Denny & Miller by Emery B. Denny, Jr., and Michael W. Patrick, Chapel Hill, for respondents-appellants.


MORRIS, Chief Judge.

Respondents contend that the issue before this Court is whether municipalities are authorized under the General Statutes to regulate the creation of condominiums and whether the petitioner's property was exempt from the special use provision of the zoning ordinance. Petitioner contends that the only issue before this Court is whether the power to control the uses of property through zoning extends to...

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