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BATCH v. TOWN OF CHAPEL HILL

No. 121PA89.

387 S.E.2d 655 (1990)

326 N.C. 1

Deidre V. BATCH v. TOWN OF CHAPEL HILL.

Supreme Court of North Carolina.

January 18, 1990.

Attorney(s) appearing for the Case

Michael B. Brough & Associates by Michael B. Brough and Frayda S. Bluestein, Chapel Hill, for plaintiff-appellee.

Hunter, Wharton & Lynch by John V. Hunter, III, Raleigh, and Ralph D. Karpinos, Town Atty., Town of Chapel Hill, for defendant-appellant.

Thomas A. McCormick, Jr., City Atty., and Ira J. Botvinick, Deputy City Atty., Raleigh, for City of Raleigh, and S. Ellis Hankins, General Counsel, Raleigh, for N.C. League of Municipalities, amicus curiae.

Gregory D. Porter, Research Triangle Park, for North Carolina Home Builders Ass'n, amicus curiae.

Karen A. Sindelar, Asst. City Atty., Durham, for City of Durham, amicus curiae.

Maupin, Taylor, Ellis & Adams, P.A. by John C. Cooke, Raleigh, and R.S. Radford, Sacramento, Cal., for Pacific Legal Foundation, amicus curiae.

MARTIN, Justice.

This case raises the question of whether the proceeding pursuant to plaintiff's petition for writ of certiorari to review the decision of the Town of Chapel Hill which denied plaintiff's subdivision permit application was properly joined with her cause of action alleging in her complaint constitutional violations and seeking damages, costs, and attorney's fees pursuant to 42 U.S.C. § 1988, 42 U.S.C. § 1983 and N.C. G.S. § 40A-8. Also...

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