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TAYLOR HOME OF CHARLOTTE INC. v. CITY OF CHARLOTTE

No. 9326SC1021.

447 S.E.2d 438 (1994)

TAYLOR HOME OF CHARLOTTE INC., Plaintiff, v. CITY OF CHARLOTTE, North Carolina, and Zoning Board of Adjustment of the City of Charlotte, Defendants, and Robert F. Moran, Mary O. Moran, Donald J. Wingo, Pat L. Wingo, Darrell L. Ussery, Carolyn H. Ussery, Linda S. Beckham, Brian T. McFarland, Sue H. McFarland, Michael J. Hazeltine, Maxine A. Hazeltine, and Yvonne P. Carlyle, Intervenors.

Court of Appeals of North Carolina.

September 6, 1994.

Attorney(s) appearing for the Case

Fontana, Fine & Copeley, by Leto Copeley, and Lesesne & Connette, by Louis L. Lesesne, Jr., Durham, for plaintiff-appellant.

David M. Smith, Sr. Asst. City Atty., Charlotte, for defendant-appellee City of Charlotte.

James, McElroy & Diehl, P.A., by Gary S. Hemric and J. Michael Mulvaney, Charlotte, for intervenors.

LEWIS, Judge.

Plaintiff commenced this action in the superior court for review of a decision by the Zoning Board of Adjustment of the City of Charlotte (hereinafter the "Board"). The superior court affirmed the decision of the Board, and plaintiff appeals.

Plaintiff is a North Carolina non-profit corporation established for the purpose of providing housing for persons with full-blown acquired immune deficiency syndrome (AIDS). "Full-blown" AIDS is the final...

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