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PINEY MT. NEIGHBORHOOD v. TOWN OF CHAPEL HILL

No. 8215SC705.

304 S.E.2d 251 (1983)

PINEY MOUNTAIN NEIGHBORHOOD ASSOCIATION, INC. v. TOWN OF CHAPEL HILL, North Carolina; Joseph L. Nassif, Mayor and Member of the Town Council of the Town of Chapel Hill; R.D. Smith, Joseph Straley, Marilyn Boulton, William Thorpe, Bev Kawalec, Jonathan Howes, Joseph A. Herzenberg, and James Wallace, Members of the Town Council of the Town of Chapel Hill: and Chapel Hill Housing Authority.

Court of Appeals of North Carolina.

July 5, 1983.

Attorney(s) appearing for the Case

Parker, Sink, Powers, Sink & Potter by William H. Potter, Jr., Raleigh, for petitioner-appellant.

Haywood, Denny & Miller by Michael W. Patrick, Chapel Hill, for respondents-appellees.

WHICHARD, Judge.

I.

A threshold question of petitioner's standing to challenge the Council's approval of the special use permit must be determined.

Only an aggrieved party may appeal the grant or denial of a special use permit. See Pigford v. Bd. of Adjustment, 49 N.C. App. 181,182-83, 270 S.E.2d 535, 536 (1980), disc. rev. denied and appeal dismissed, 301 N.C. 722...

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