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BUTLER v. CITY COUNCIL OF CITY OF CLINTON

No. COA02-1268.

584 S.E.2d 103 (2003)

Timmy R. BUTLER and Francis D. Butler, Petitioners, v. CITY COUNCIL OF THE CITY OF CLINTON and The City of Clinton, Respondents.

Court of Appeals of North Carolina.

August 19, 2003.

Attorney(s) appearing for the Case

The Banks Law Firm, P.A., by John Roseboro, Research Triangle Park, and The Charleston Group, by Jonathan Charleston, Fayetteville, for petitioner appellants.

Johnson, Parsons, and Hobson, P.A., by Dale Johnson, Clinton, for respondent appellees.

TIMMONS-GOODSON, Judge.

Tim and Francis Butler ("petitioners") appeal from an order of the trial court affirming a denial by the City Council of the City of Clinton ("respondents") of petitioners' application for a conditional use permit ("CUP") to operate a crematory in Clinton, North Carolina.

The facts pertinent to the instant appeal are as follows: On 8 January 2002, the City Council conducted a hearing on petitioners' application. After reviewing the...

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