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TRIPLE E ASSOC. v. TOWN OF MATTHEWS

No. 9126SC139.

413 S.E.2d 305 (1992)

105 N.C. App. 354

TRIPLE E ASSOCIATES, a North Carolina partnership, C.L. Martin, Annie Bell M. Lowery, Bessie M. Hartis, Joe R. Martin, Dorothy Anne M. Grant, Allie Rose M. Harrell, Julia M. Waite, Jason Thomas Martin, Lawrence Norman, Martha Alice B. Ownby, Milton R. Martin, Betty M. Fowler, Brenda Kaye McDonald, Mary Katherine B. Tice, Mack Thomas Boyte, Mary Ann M. Melvin, Allan F. MacLean, III, Cheri MacLean Gerrard, Sylvia Stevenson Smith, Petitioners, v. The TOWN OF MATTHEWS, NORTH CAROLINA; Shawn Lemmond, Mayor of the Town of Matthews and Member of the Board of Commissioners of the Town of Matthews, Ted Kiker, M. David Bland, R. Lee Myers, Alex J. Sabo, Bill Brawley, and Kathy Abernethy, Members of the Board of Commissioners of the Town of Matthews, Respondents.

Court of Appeals of North Carolina.

February 18, 1992.

Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux, P.A. by Roy H. Michaux, Jr., and Bailey Patrick, Jr., Charlotte, for petitioner-appellants-appellees.

Town Atty. Charles R. Buckley, III, Charlotte, for respondent-appellees-appellants.

WALKER, Judge.

Petitioners' primary issue on appeal is whether the Town Board based its findings under Section 3319.3 of the ordinance on competent, material and substantial evidence. We hold that the Town Board did not with respect to Sections 3319.3.1 and 3319.3.2 and therefore reverse. We remand this case to the Town Board for further evidentiary hearings under Section 3319.3.3 consistent with this opinion.

Respondents contend the court erred by striking...

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