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KNIGHT v. TOWN OF KNIGHTDALE

No. COA03-355.

596 S.E.2d 881 (2004)

Milton KNIGHT and Marva Knight, Petitioners, v. TOWN OF KNIGHTDALE and the Town Council of The Town of Knightdale, Respondents.

Court of Appeals of North Carolina.

June 15, 2004.

Attorney(s) appearing for the Case

Frederic E. Toms & Associates, P.L.L.C., by Frederic E. Toms and Allen Mills, Cary, for petitioner-appellants.

Holt, York, McDarris & High, L.L.P., by Bradford A. Williams, Raleigh, for respondent-appellees.

HUDSON, Judge.

On 14 January 2002, petitioners Milton and Marva Knight applied for, and initially received, permits from the Town of Knightdale ("the Town") to construct a modular home at 101 Dearing Drive in the Lynnwood Estates subdivision. Subsequently, the Town Council ("Council") denied petitioners' application, and the superior court affirmed. Petitioners appeal. For the reasons discussed here, we reverse and remand.

The tract of land upon which petitioners...

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