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GUILFORD FINANCIAL v. CITY OF BREVARD

No. COA01-206.

563 S.E.2d 27 (2002)

GUILFORD FINANCIAL SERVICES, LLC, Petitioner, v. The CITY OF BREVARD, a municipal corporation, Respondent.

Court of Appeals of North Carolina.

May 7, 2002.

Attorney(s) appearing for the Case

Smith, Helms, Mulliss & Moore, L.L.P., by James G. Exum, Jr. and Robert R. Marcus, Greensboro, and Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Craig D. Justus, Asheville, for petitioner-appellant.

Ramsey, Hill, Smart, Ramsey & Pratt, P.A., by Michael K. Pratt and James M. Kimzey, Brevard, for respondent-appellee.

HUDSON, Judge.

Guilford Financial Services, LLP ("petitioner") appeals from a judgment by the superior court affirming the disapproval by the City of Brevard ("the City") of petitioner's preliminary subdivision plat. For the reasons given below, we vacate and remand to the superior court for remand to the Brevard City Council ("the Council") for further proceedings.

I.

Petitioner seeks to develop an affordable housing community called Laurel Village...

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