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MATTER OF GRANTING OF VARIANCE BY FRANKLIN

No. COA98-154.

508 S.E.2d 841 (1998)

In the Matter of the GRANTING OF a VARIANCE BY the TOWN OF FRANKLIN. Louise DARNELL, Petitioner-Appellant, v. TOWN OF FRANKLIN, Town of Franklin Board of Adjustment, Mac Bryant, John Crawford, Edwin Hall, Steve Ledford, Jack Powell, Clyde Sanders, Ernie Sanders, and Dick Wallace, in their capacity as members of the Board of Adjustment of the Town of Franklin, and David Henson, Nancy Scott, Tom Woodley, Merle Dryman, Gary Nickleson and Billy Mashburn, in their capacity as Mayor and members of the Board of Aldermen of the Town of Franklin, Respondents-Appellees.

Court of Appeals of North Carolina.

December 29, 1998.

Attorney(s) appearing for the Case

David A. Sawyer, Bryson City, for petitioner-appellant.

Jones, Key, Melvin & Patton, P.A., by Bobby Joe Key and Chester M. Jones, Franklin, for respondents-appellees.

WALKER, Judge.

On 2 July 1997, petitioner Louise Darnell filed a petition for writ of certiorari seeking judicial review of a decision made 2 June 1997 by the Town of Franklin Board of Aldermen (Town). The record in this case shows that the Town's Board of Adjustment initially considered a request from Carriage Park Villas for a variance from the setback requirements in the Town's zoning ordinance. As an adjoining property owner, petitioner appeared and objected to...

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