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SARDA v. CITY/COUNTY OF DURHAM BD. OF ADJ.

No. COA02-284.

575 S.E.2d 829 (2003)

Peter J. SARDA and wife, Patricia T. Sarda, Petitioners, v. CITY/COUNTY OF DURHAM BOARD OF ADJUSTMENT and Joe Mitchell, Respondents.

Court of Appeals of North Carolina.

February 18, 2003.

Attorney(s) appearing for the Case

Wallace, Creech & Sarda, L.L.P., by Peter J. Sarda and Richard P. Nordan, Raleigh, for petitioner-appellees.

Office of the Durham County Attorney, by Lowell S. Siler, Durham, for respondent-appellant City/County of Durham Board of Adjustment.

Law Office of Brenda M. Foreman, by Brenda M. Foreman, Raleigh, for respondent-appellant Joe Mitchell.

ELMORE, Judge.

Joe Mitchell ("respondent Mitchell" or "Mitchell") moves this Court pursuant to N.C.R.App. P. 37(a) to determine: (1) that Peter J. Sarda and Patricia T. Sarda (collectively, "petitioners") lacked standing to appeal to the superior court from the City/County of Durham Board of Adjustment's ("respondent Board" or "Board") decision granting a special use permit in this matter; (2) that petitioners lack standing to be a party to the subsequent appeal to...

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