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BAKER v. TOWN OF ROSE HILL

No. COA96-647.

485 S.E.2d 78 (1997)

Linwood V. BAKER and wife, Mamie D. Baker, Willie Rhodes, and wife, Audrey Rhodes, Mable L. Allen, Thurman Allen and wife, Mary Allen, Jerry Allen and wife, Brenda Allen, Williams H. Allen and wife, Pamela Allen, Gertrude Williams, Levy Williams, Willie Glaspie and wife, Treva Glaspie, Richard McKinnie and wife, Ruth McKinnie, Ronald McKinnie, Vernon Mitchell and wife, Katherine Mitchell, William Elderman, Oscar Murphy, and wife, Mary Murphy, and Willie P. Williams, Petitioners v. TOWN OF ROSE HILL and the Town of Rose Hill Board of Commissioners, Respondents.

Court of Appeals of North Carolina.

May 20, 1997.

Attorney(s) appearing for the Case

Shipman & Associates, L.L.P. by Gary K. Shipman and C. Wes Hodges, II, Wilmington, for petitioners-appellants.

Burrows & Hall by Richard L. Burrows, Wallace, for respondent-appellee.

WALKER, Judge.

On 31 July 1995, Cargill, Inc. requested a conditional use permit (CUP) from the Town of Rose Hill (the Town) for the construction of a soybean meal transfer facility. The property upon which the facility would be located was within a district zoned mixed-use. The mixed-use district allows industrial uses upon complying with the conditions listed in the Town's zoning ordinance and obtaining a CUP.

A hearing was held before the Planning Board...

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