APPLICATION OF GOFORTH PROPERTIES, INC.

No. 8415SC1312.

332 S.E.2d 503 (1985)

In re Application of GOFORTH PROPERTIES, INC. GOFORTH PROPERTIES, INC., Chapel Hill Electric Co., Inc., George Frazier, and H. Mark Daley v. The TOWN OF CHAPEL HILL.

Court of Appeals of North Carolina.

August 6, 1985.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner by John B. McMillan and John I. Mabe, Jr., for petitioner-appellants.

Grainger R. Barrett, Town Atty., for the Town of Chapel Hill, and Hunter, Wharton & Howell by John V. Hunter III, for respondent-appellee.


JOHNSON, Judge.

We begin our discussion by stating the applicable principles of judicial review in reviewing a municipality's decision on an application for a special use permit. The reviewing court's tasks include:

(1) Reviewing the record for errors in law, (2) Insuring that procedures specified by law in both statute and ordinance are followed, (3) Insuring that appropriate due process rights of a petitioner are protected including...

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