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HUMANE SOCIETY v. TOWN OF SOUTHERN PINES

No. COA03-77.

589 S.E.2d 162 (2003)

HUMANE SOCIETY OF MOORE COUNTY, INC., Petitioner, v. TOWN OF SOUTHERN PINES and The Southern Pines Town Council, Respondents.

Court of Appeals of North Carolina.

December 16, 2003.

Attorney(s) appearing for the Case

Adams Kleemeier Hagan Hannah & Fouts, PLLC, by M. Jay DeVaney and Edward P. Lord, Greensboro, for petitioner.

Gill & Tobias, LLP, by Douglas R. Gill, Southern Pines, for respondents.

MARTIN, Judge.

In November 1999, the Humane Society of Moore County ("Humane Society") submitted an application to the Town of Southern Pines ("Town") for a Conditional Use Permit for a "Community Animal Welfare and Activity Center" to be built upon a 12.5 acre property, which the Humane Society had an option to purchase. The property is zoned "Planned Development," a mixed use zoning which permits commercial land use. Among

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