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WARD v. INSCOE

No. COA03-1649.

603 S.E.2d 393 (2004)

Robert WARD and wife, Betty Moticka, James R. Mccullough and wife, Laura J. Mccullough, Ralph E. Outcalt, and David Keith Johnson, Petitioners, v. Mike C. INSCOE, C. Ruxton Bobbitt, Jr., Jerry Parrish, Dave Stallings, David E. Meekins, Bailey Alston, Arline Richardson, Joseph Brown, Richard I. Vaughan, Jr., William F. Taylor, Frank M. Hester, Jr., Gene C. Ayscue, Rusty Renshaw, and Garry Daeke in their official capacity as the Henderson Zoning Board of Adjustment, W. Brownell Wright, Zoning Administrator of the City of Henderson, Branch Banking & Trust Company, Respondents.

Court of Appeals of North Carolina.

October 19, 2004.

Attorney(s) appearing for the Case

Browne, Flebotte, Wilson & Horn, P.L.L.C., by Daniel R. Flebotte, Creedmoor, for petitioners-appellants.

No brief filed for respondents-appellees Mike C. Inscoe, C. Ruxton Bobbitt, Jr., Jerry Parrish, Dave Stallings, David E. Meekins, Bailey Alston, Arline Richardson, Joseph Brown, Richard I. Vaughan, Jr., William F. Taylor, Frank M. Hester, Jr., Gene C. Ayscue, Rusty Renshaw, and Garry Daeke in Their Official Capacity as the Henderson Zoning Board of Adjustment, W. Brownell Wright, Zoning Administrator of the City of Henderson.

Royster, Cross & Currin, LLP, by Dale W. Hensley, Oxford, for respondent-appellee Branch Banking & Trust Company.

TYSON, Judge.

Robert Ward, Betty Moticka, James R. Mccullough, Laura J. Mccullough, Ralph E. Outcalt, and David Keith Johnson ("petitioners") appeal the trial court's order, which affirmed the Henderson Zoning Board of Adjustment's ("Board") issuance of a Special Use Permit to respondent Branch Banking and Trust Company ("BB&T"). We affirm.

I. Background

BB&T applied to construct a bank...

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