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APPLICATION OF CITY OF RALEIGH

No. 9110SC440.

421 S.E.2d 179 (1992)

107 N.C. App. 505

In re Application of the CITY OF RALEIGH (PARKS AND RECREATION DEPARTMENT). Jeffrey BEHRINGER and Wife, Kathy Behringer; and David Burnett and Wife, Donna Burnett, Petitioners-Appellants, v. The CITY OF RALEIGH, Respondent-Appellee.

Court of Appeals of North Carolina.

October 6, 1992.

Attorney(s) appearing for the Case

Andrew W. Olsen, Research Triangle Park, for petitioners-appellants.

Associate City Atty. Elizabeth C. Murphy, Raleigh, for respondent-appellee.

COZORT, Judge.

On 17 September 1990 the City of Raleigh Parks and Recreation Department (applicant) filed an application for a special use permit to construct an outdoor amphitheater in Walnut Creek Park. On 2 October 1990 the Raleigh City Council (Council) held a public hearing to consider the application. The hearing was continued until 16 October 1990 at which time the Council issued the special use permit. Petitioners are citizens who own property adjacent to...

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