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GARRITY v. MORRISVILLE ZONING BD. OF ADJ.

No. 9310SC544.

444 S.E.2d 653 (1994)

115 N.C. App. 273

Jonathan GARRITY, d/b/a Cambridge Hanover Aviation Parkway Associates, Browning-Ferris Industries, Inc., a corporation, and Bobby L. Murray, Petitioners, v. MORRISVILLE ZONING BOARD OF ADJUSTMENT, Southport Business Park, Limited Partnership, and Morrisville Associates, a North Carolina General Partnership, Respondents.

Court of Appeals of North Carolina.

June 21, 1994.

Attorney(s) appearing for the Case

Poyner & Spruill by Lacy H. Reaves and John L. Shaw, Raleigh for petitioner-appellees Browning-Ferris Industries, Inc. and Bobby L. Murray; John E. Bugg, Durham, for petitioner-appellee Jonathan Garrity.

Maupin Taylor Ellis & Adams, P.A. by John C. Cooke and William J. Brian, Jr., Raleigh, for respondent-appellants Southport Business Park, Ltd. Partnership and Morrisville Associates.

ORR, Judge.

Petitioner Bobby L. Murray owns a 17.46 acre tract of undeveloped land in Wake County within the town limits of the Town of Morrisville. In this action, petitioners sought a building permit or zoning certificate to build a Regional Facility for solid waste and collection on a portion of this property. Petitioner Jonathan Garrity is the vendee under a contract for sale of the subject property, and he would be the developer and owner of the Proposed Regional...

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