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LAMBETH v. TOWN OF KURE BEACH

No. COA02-777.

578 S.E.2d 688 (2003)

Alan Dean LAMBETH, Petitioner, v. TOWN OF KURE BEACH; and Kure Beach Board of Adjustment, Respondents.

Court of Appeals of North Carolina.

April 15, 2003.

Attorney(s) appearing for the Case

Roger Lee Edwards, P.A., by Roger Lee Edwards, Oak Island, for petitioner-appellant.

Nunalee & Nunalee, L.L.P., by Mary Margaret McEachern Nunalee, Wilmington, for respondents-appellees.

TYSON, Judge.

I. Background

On 15 March 2001, Alan Dean Lambeth ("petitioner") applied for a permit from Respondent Town of Kure Beach ("Town") to widen his driveway from nineteen feet to twenty-four feet from his residence to 5th Avenue North. Petitioner sought to widen his driveway to provide easier access into and out of vehicles for the wheelchair of his handicapped daughter. Petitioner had previously constructed a five foot wide concrete walkway...

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