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DURHAM VIDEO v. DURHAM BD. OF ADJUSTMENT

No. COA00-609.

550 S.E.2d 212 (2001)

DURHAM VIDEO & NEWS, INC., d/b/a Movie Town, Petitioner, v. DURHAM BOARD OF ADJUSTMENT, and City of Durham, Respondents.

Court of Appeals of North Carolina.

June 19, 2001.

Attorney(s) appearing for the Case

Loflin & Loflin, by Thomas F. Loflin, III, Durham, for petitioner.

Karen A. Sindelar, Assistant City Attorney, City of Durham, for respondents.

HUDSON, Judge.

Petitioner appeals from a judgment and order of the Durham County Superior Court affirming the Durham Board of Adjustment's decision that petitioner was operating an adult establishment in violation of the Durham zoning code. We affirm the determination of the Superior Court.

On 15 October 1998, a Durham zoning enforcement officer issued a Notice of Violation charging petitioner with operating an adult establishment in an improper zoning district...

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