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SUN SUITES HOLDINGS v. BOARD OF ALDERMEN

No. COA99-450.

533 S.E.2d 525 (2000)

SUN SUITES HOLDINGS, LLC, and W.W.T., a North Carolina General Partnership, Petitioners, v. The BOARD OF ALDERMEN OF the TOWN OF GARNER, Respondents, and Jean Adams; Rick Bunn and Eleni Bunn; Jane Caldwell; Anthony Camerano and Barbara Camerano; Ruth Goss; Edward Guerriero and Krista Guerriero; Dan Leonard; Pinewinds Apartment Associates, Inc.; Gloria Tarkenton; and Andrew Vinal and Cathy Vinal, Intervenors/Respondents.

Court of Appeals of North Carolina.

August 1, 2000.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, L.L.P., by Lacy H. Reaves, A. Lee Hogewood, III, and Margaret R. Westbrook, Raleigh, for petitioners-appellants.

McDaniel, Anderson & Stephenson, L.L.P., by William E. Anderson, Raleigh, for respondents-appellees Board of Alderman of the Town of Garner.

Holt, York, McDarris, L.L.P., by Clyde Holt, III, and Jeffrey P. Gray, Raleigh, for intervenors/respondents-appellees.

JOHN, Judge.

Petitioners Sun Suites Holdings, LLC (Sun Suites), and W.W.T., a North Carolina General Partnership, appeal the trial court's order affirming the denial by respondent Board of Aldermen of the Town of Garner (the Board) of petitioners' application (the application) for a conditional use permit (the permit). We reverse and remand with instructions.

Pertinent facts and procedural history include the following...

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