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WHITE OAK PROPERTIES v. TOWN OF CARRBORO

No. 692A84.

327 S.E.2d 882 (1985)

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.

Supreme Court of North Carolina.

April 2, 1985.

Attorney(s) appearing for the Case

Jordan, Brown, Price & Wall by Charles Gordon Brown and M. LeAnn Nease, Chapel Hill, for petitioner-appellant.

Michael B. Brough, Carrboro, for respondents-appellees.

MARTIN, Justice.

The sole issue before us is whether the Court of Appeals erred by holding as a matter of law that White Oak Properties, Inc. ("White Oak") had only thirty days within which to file its petition for certiorari. We hold that the Court of Appeals did so err, and reverse.

White Oak applied to the Carrboro Board of Aldermen ("Board") for a conditional use permit to build nineteen townhouse units on a 3.31 acre tract of land. After a series of public...

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