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TATE TERRACE REALTY INVESTORS, INC. v. CURRITUCK COUNTY

No. COA96-731.

488 S.E.2d 845 (1997)

TATE TERRACE REALTY INVESTORS, INC., Petitioner, v. CURRITUCK COUNTY and its Board of Commissioners, Respondents.

Court of Appeals of North Carolina.

August 19, 1997.

Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland, L.L.P. by M.H. Hood Ellis and John D. Leidy, Elizabeth City, and Michael B. Brough & Associates by Michael B. Brough, Chapel Hill, for petitioner-appellee.

Currituck County Attorney William H. Romm, Jr., and Poyner & Spruill, L.L.P. by H. Glenn Dunn and Timothy P. Sullivan, Raleigh, for respondent-appellant.

JOHN, Judge.

Respondents appeal judgment entered upon Writ of Certiorari issued 26 December 1995 by the trial court. Respondents contend the court erred by (1) determining the denial by the Currituck County Board of Commissioners (the Board) of petitioner's application for a sketch plan/special use permit (permit) was not supported by competent, material and substantial evidence, was erroneous as a matter of law, and was...

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