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ROBERTS v. CITY OF BREVARD

No. 8229SC1148.

307 S.E.2d 781 (1983)

Richard ROBERTS et ux, Beverly Roberts; J.T. Black well et ux, Jean Blackwell; Hall Smith et ux, Mabel Smith; John M. Petit et ux, Patricia Petit; Charles Spanbaur et ux, Margaret Spanbauer; J.A. Gray et ux, Effie Gray; Robert Dixon et ux, Elizabeth Dixon; Tom Crawford et ux, Pat Crawford; Clyde Brooks et ux, Linda Brooks; Otis L. Calhoun (Widower); Charles N. Kelly et ux, Jimmy Lou Kelly; H.W. Gregory et ux, Esther Gregory; Robert C. Foster et ux, Betty Foster; Elbert Chapman et ux, Janie W. Chapman; Albert B. Cantrell et ux, Dorothy Cantrell; and Karl Harbin et ux, Ammie Harbin; Plaintiffs, v. The CITY OF BREVARD, Charles H. Campbell, Mayor of the City of Brevard; David Thorne, Katherine D. Anderson, Cornelius Hunt, Ben Long, Jr., and Johnny Peterson, Aldermen of the City of Brevard; Tom Mitchell, Chairman of the Brevard Board of Adjustment; W.P. Henson, Dean Brownwell, Ann Pickelsimer, and Paul Stuckland, Members of the Brevard Board of Adjustment; James Edwards, City Planner for the City of Brevard; and Wade Hall, Building Inspector for the City of Brevard, Defendants, and Anderson, Benton, Holmes, Inc., Intervenor-Defendant.

Court of Appeals of North Carolina.

October 18, 1983.

Attorney(s) appearing for the Case

William R. White, Brevard, for plaintiffs-appellants.

Ramsey, Smart, Ramsey and Pratt, by John K. Smart, Jr., Brevard, for defendant.

House, Blanco & Osborne by Mary Ward Root, Winston-Salem, for intervenor-defendant.

EAGLES, Judge.

Plaintiffs assign as error the conclusions by the trial court that the proposed development was not a planned development, that it was in compliance with the zoning ordinance, and that the additional procedural requirements of the zoning ordinance did not apply. Planned development is defined by the Brevard zoning ordinance as follows:

Article IV. Definitions....

4. Planned Development: a large development consisting of one ...

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