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BALLAS v. TOWN OF WEAVERVILLE

No. COA95-222.

465 S.E.2d 324 (1996)

Sharon BALLAS and Shelley Burtt, Petitioners, v. The TOWN OF WEAVERVILLE and the Town of Weaverville Zoning Board of Adjustment, Respondents.

Court of Appeals of North Carolina.

January 2, 1996.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Albert L. Sneed, Jr. and Craig Dixon Justus, Asheville, for petitioner-appellants.

Roberts Stevens & Cogburn, P.A., by William Clarke, Asheville, for respondent-appellees.

GREENE, Judge.

Sharon Ballas and Shelley Burtt (petitioners) appeal an order affirming the Town of Weaverville Zoning Board of Adjustment's (the Board) denial of petitioners' request for a special use permit.

Petitioners applied for a special use permit in the Town of Weaverville (Town), which would allow them to locate and operate a bed and breakfast in a residential area on Hamburg Mountain. Zoning Ordinance § 17-111 (section 17-111) provides that seven...

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