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TUCKER v. MECKLENBURG COUNTY ZONING BD. OF ADJUSTMENT

No. 68A02.

576 S.E.2d 324 (2003)

356 N.C. 658

Amanda Dixon TUCKER and Jimmy L. Hodges and Becky J. Hodges, Petitioners, v. The MECKLENBURG COUNTY ZONING BOARD OF ADJUSTMENT, Marshall Gus Thomas, Jr. and Rhonda Golden-Thomas, Respondents.

Supreme Court of North Carolina.

February 28, 2003.

Attorney(s) appearing for the Case

Kennedy Covington Lobdell & Hickman, L.L.P., by John H. Carmichael, Charlotte, for petitioner-appellants.

Ruff, Bond, Cobb, Wade & Bethune, L.L.P., by James O. Cobb, Charlotte, for respondent-appellee the Mecklenburg County Zoning Board of Adjustment.

Nelson Mullins Riley & Scarborough, L.L.P., by Paul J. Osowski, Charlotte, for respondent-appellees Marshall Gus Thomas, Jr., and Rhonda Golden-Thomas.

PER CURIAM.

As to the issue on direct appeal based on the dissenting opinion, we affirm the majority decision of the Court of Appeals. We conclude that the petition for discretionary review as to additional issues was improvidently allowed.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED...

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