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SHOWCASE REALTY v. RAYETTEVILLE BD.

No. COA02-314.

573 S.E.2d 737 (2002)

SHOWCASE REALTY AND CONSTRUCTION COMPANY, Petitioner-Appellee, v. CITY OF FAYETTEVILLE BOARD OF ADJUSTMENT and Stephen Burnham, Respondents-Appellants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper, P.L.L.C., by Richard M. Wiggins and James A. McLean, III, Fayetteville, for petitioner-appellee.

Anderson, Johnson, Lawrence, Butler & Bock, L.L.P., by Steven C. Lawrence, Fayetteville, for respondents-appellants.

McGEE, Judge.

Stephen Burnham (Burnham) is the owner of a 1.79 acre tract of real property located at 148 Horseshoe Road in Fayetteville, North Carolina. Burnham obtained a special use permit to construct a mini-storage facility on his property. He submitted a site plan to the City of Fayetteville's Planning Department (Planning Department), which contained provisions for a front setback of 50 feet and a side setback of...

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