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HARDING v. BOARD OF ADJUSTMENT

No. COA04-708.

612 S.E.2d 431 (2005)

Juanita HARDING, Joseph Henry Harding, Margaret Bordner, Pat Sawyer, Jesse Gentry and Madelyn Gentry, and C.E. Whitaker, Petitioners, v. The BOARD OF ADJUSTMENT OF DAVIE COUNTY, Respondent, and High Performance Holdings, LLC, Intervenor.

Court of Appeals of North Carolina.

May 17, 2005.

Attorney(s) appearing for the Case

Henry P. Van Hoy, II, Mocksville, for petitioner-appellants.

Price Law Office, by Robert E. Price, Jr., Winston-Salem, for respondent-appellee.

Bell, Davis & Pitt, P.A., by James R. Fox and Donald M. Nielsen, Winston-Salem, for intervenor-appellee.

HUDSON, Judge.

On 13 January 2003, High Performance Holdings, LLC, (HPH) filed an application for a special use permit with the Davie County Board of Adjustment (the Board), seeking to build and operate a go-cart track. On 5 May 2003, after four nights of public hearings, the Board approved the permit, over the opposition of petitioners, all of whom live near the proposed site. The petitioners filed a writ of certiorari...

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