WESTMINSTER HOMES, INC. v. CARY ZONING BD.

No. 499PA00.

554 S.E.2d 634 (2001)

WESTMINSTER HOMES, INC.; John and Susan Evans; Bakulesh and Vadana Naik, Petitioners, v. TOWN OF CARY ZONING BOARD OF ADJUSTMENT, Respondent, and Jeff and Leigh Thorne, Intervenor/Respondents.

Supreme Court of North Carolina.

November 9, 2001.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jim W. Phillips, Jr., and Kathleen M. Thornton, Greensboro, for petitioner-appellants.

Charles M. Putterman, Durham, for intervenor/respondent-appellees.

The Brough Law Firm, by William C. Morgan, Jr., Chapel Hill, on behalf of the Town of Cary, amicus curiae.


LAKE, Chief Justice.

The question presented for review in this case is whether a conditional use municipal zoning permit may be construed to allow residents of a subdivision within the municipality to install gates in a fence that serves as part of a buffer area between the subdivision and an adjoining neighborhood, in order to allow the residents access to portions of their property located within the buffer. The Court of Appeals held that such gates are not permitted...

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