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WHITE OAK PROPERTIES v. TOWN OF CARRBORO

No. 8415SC123.

322 S.E.2d 400 (1984)

WHITE OAK PROPERTIES, INC., a North Carolina Corporation v. TOWN OF CARRBORO, a Municipal Corporation; Robert W. Drakeford, Mayor; Steve Rose, an Alderman; Jim White, an Alderman; John Boone, an Alderman; Hilliard Caldwell, an Alderman; Ernie Patterson, an Alderman; and Joyce Garrett, an Alderman.

Court of Appeals of North Carolina.

November 20, 1984.

Attorney(s) appearing for the Case

Michael B. Brough, Carrboro, for respondent-appellant.

Jordan, Brown, Price & Wall by Charles Gordon Brown and Jeffrey N. Mason, Chapel Hill, for petitioner-appellee.

HILL, Judge.

The threshold question we must address is whether the superior court had jurisdiction to review the decision of the board of aldermen when the petition for writ of certiorari was not filed until forty-seven days after notice of that decision. We must first determine under what statute the superior court has the power to review a decision of the board of aldermen granting or denying a special or conditional use permit. Respondents contend the procedure...

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