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TOWN OF NAGS HEAD v. TILLETT

No. 436PA84.

336 S.E.2d 394 (1985)

TOWN OF NAGS HEAD v. Robert C. TILLETT; Zenova P. Tillett; Bradford Neil Loy; Peter L. Marshall and wife, Flora Costin Marshall; Dorothy Hand Wagoner and husband, James L. Wagoner, Sr.; Richard L. Russakoff and wife, Rise Gury Russakoff; James T. Ryce and wife, Susan Ryce; and E. Crouse Gray, Jr., Trustee.

Supreme Court of North Carolina.

November 5, 1985.

Attorney(s) appearing for the Case

Kellogg, White, Evans, Sharp and Michael by Thomas L. White, Jr., Manteo, for plaintiff-appellee.

Shearin & Archbell by Norman W. Shearin, Jr., Kitty Hawk, for defendant-appellee Bradford Neil Loy.

LeRoy, Wells, Shaw, Hornthal & Riley by L.P. Hornthal, Jr. and Donald C. Prentiss, Elizabeth City, for defendant-appellants James T. and Susan Ryce.

MARTIN, Justice.

In January of 1982, Susan and James T. Ryce applied to the Town of Nags Head for a building permit for a lot they had purchased from Bradford Neil Loy in 1980. The lot was one of four parcels created three years earlier by the subdivision of a 6.8-acre tract of land belonging to Robert C. and Zenova P. Tillett. The Ryces were denied a building permit on the grounds that their lot violated several provisions...

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