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IN THE MATTER OF SOCIETY FOR PRESERVATION OF HISTORIC OAKWOOD

No. COA01-1274.

571 S.E.2d 588 (2002)

In the Matter of the Appeal of the SOCIETY FOR the PRESERVATION OF HISTORIC OAKWOOD and Mozelle Jones, Property Pin # 1713084727 & 1713081714. Raleigh Rescue Mission, Inc., and Coggins Construction Company, Petitioners, v. Board of Adjustment of the City of Raleigh, The Society for the Preservation of Historic Oakwood and Mozelle Jones, Respondents.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Thomas C. Worth and George B. Currin, Raleigh, for petitioners-appellants.

Satisky & Silverstein, by John Silverstein, Raleigh for respondent-appellee Raleigh Board of Adjustment; Poyner & Spruill L.L.P., by Robin Tatum Morris and Kacey Coley Sewell, Raleigh, for respondents-appellees Society for the Preservation of Historic Oakwood and Mozelle Jones.

THOMAS, Judge.

Raleigh Rescue Mission, Inc. and Coggins Construction Company, petitioners, appeal the trial court's order affirming a decision of respondent Board of Adjustment of the City of Raleigh (Board).

The Board determined that the facility which petitioners plan to construct fails to meet multi-family housing requirements because of its proposed use. In actuality, according to the Board, the facility is a form of "transitional housing." Transitional...

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