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COX v. HANCOCK

No. COA02-1143.

586 S.E.2d 500 (2003)

Maxine COX, W.E. Carter, Cheshire Howard "Buddy" Parker, James I. Carey, and Jeannette Carey, Wilma Strother, Terry K. Wamsley, and wife, Kim Wamsley, J. Lemar Wheeler, Percy G. Rogers, Walter W. Crews, Jr., Douglas Adcock, George Whitt, and Linda Henson, Petitioners, v. Franklin Wills HANCOCK, IV, and wife, Anne Hancock, David Drye Company, City Of Oxford, Marshall Cooper, Annie Nesbitt, Howard Frazier, William O. Betts, Allan Baker, Patricia O. Thomas, Ellis Bagby, Tingley Moore, and Tom Thornton in their official capacity as the Oxford Zoning Board of Adjustment, Respondents.

Court of Appeals of North Carolina.

October 7, 2003.

Attorney(s) appearing for the Case

Currin & Dutra, L.L.P., by Lori A. Dutra, Oxford, for petitioner-appellants.

Royster, Cross & Currin, L.L.P., by James E. Cross, Jr. and Drew H. Davis, Oxford, for respondent-appellees.

EAGLES, Chief Judge.

Petitioners appeal from an order affirming a decision by the Board of Adjustment of the City of Oxford to issue a Special Use Permit to respondents David Drye Company ("Drye Co.") and Mr. and Mrs. Franklin Hancock, IV. Petitioners assert three arguments on appeal: (1) that respondents did not make a prima facie showing that its application met the requirements for issuance of a permit; (2) that the change in membership of the Board of Adjustment...

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