GOSSETT v. CITY OF WILMINGTON

No. COA96-306.

478 S.E.2d 648 (1996)

William Ted GOSSETT, Robert M. Abee and wife, Judy C. Abee, Petitioners, v. CITY OF WILMINGTON, North Carolina, acting Through its CITY COUNCIL, Respondent.

Court of Appeals of North Carolina.

December 17, 1996.


Attorney(s) appearing for the Case

Kenneth A. Shanklin, Wilmington, for petitioners-appellants.

Thomas C. Pollard, City Attorney for City of Wilmington, for respondent-appellee.


WYNN, Judge.

Petitioners own a tract of land zoned for residential use within the City of Wilmington ("the City") upon which they proposed to construct forty condominium units. The property in question lies within the South 17th Street Land Use Plan which requires that all rezoning requests to develop land occur through a petition and application under the Special Use Districts provisions (Article XI) of the City Ordinances of Wilmington ("Wilmington Code"). Section...

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