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COLEMAN v. TOWN OF HILLSBOROUGH

No. COA04-1274.

619 S.E.2d 555 (2005)

Ellis Y. COLEMAN, d/b/a EYC Companies and H. Tate McKee Trust, Plaintiffs/Petitioners, v. TOWN OF HILLSBOROUGH, Defendant/Respondent. Ellis Y. Coleman, d/b/a EYC Companies and H. Tate McKee Trust, Plaintiffs/Petitioners, v. Town of Hillsborough, and Town of Hillsborough Board of Commissioners, Defendants/Respondents.

Court of Appeals of North Carolina.

October 4, 2005.

Attorney(s) appearing for the Case

Poyner & Spruill, LLP, by Robin L. Tatum and Kacey Sewell Ragsdale, Raleigh, for plaintiffs/petitioners-appellees.

The Brough Law Firm, by Robert E. Hornik, Jr., for Town of Hillsborough, Chapel Hill, defendant/respondent-appellant.

JACKSON, Judge.

Appellant, Town of Hillsborough appeals from an order granting summary judgment to appellees, Ellis Coleman, d/b/a EYC Companies and H. Tate McKee Trust (collectively "EYC") entered 25 June 2004 in Orange County Superior Court.

Appellants, Town of Hillsborough and Town of Hillsborough Board of Commissioners, ("the Town Board"), both appeal from an Order Granting Special Use Permit to appellees, Ellis...

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