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IN RE J.H. CARTER BUILDER, CO., INC.

No. 8810SC1185.

381 S.E.2d 889 (1989)

In re Application for Variance by J.H. CARTER BUILDER, COMPANY, INC. David F. KIRBY, Stephen Eastman, William D. Stevenson, Jr., Barbara D. Martin, Petitioners, v. BOARD OF ADJUSTMENT OF the CITY OF RALEIGH and J.H. Carter Builder, Inc., Respondents.

Court of Appeals of North Carolina.

August 15, 1989.

Attorney(s) appearing for the Case

Seay, Rouse, Harvey & Titchener by George H. Harvey, and Hunter, Wharton & Lynch by John V. Hunter III, Raleigh, for appellant, J.H. Carter Builder, Inc.

Manning, Fulton & Skinner by John B. McMillan and John I. Mabe, Jr., Raleigh, for appellees.

ARNOLD, Judge.

Carter excepts to the trial court's conclusion of law that "[t]he action of the Raleigh Board of Adjustment in granting a variance in the matter under review before this Court was contrary to law." We affirm the trial court.

N.C.G.S. § 160A-381 enables cities to regulate and restrict land use:

For the purpose of promoting health, safety, morals, or the general welfare of the community, any city may regulate and restrict the height...

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