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MMR HOLDINGS, LLC. v. CITY OF CHARLOTTE

No. COA04-1618.

621 S.E.2d 210 (2005)

MMR HOLDINGS, LLC, and Town & Country Ford, Inc., Petitioners, v. CITY OF CHARLOTTE and the Charlotte Zoning Board of Adjustment, Respondents.

Court of Appeals of North Carolina.

November 15, 2005.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by Richard B. Fennell, Charlotte, for petitioners-appellants.

Office of the City Attorney, by Assistant City Attorney Terrie V. Hagler-Gray, for respondents-appellees.

GEER, Judge.

The sole issue raised in this appeal by petitioners MMR Holdings, LLC and Town & Country Ford, Inc. (collectively "T & C") is the proper construction of the word "facade" in the zoning ordinance of the City of Charlotte. Because both the Charlotte Zoning Board of Adjustment (the "Board") and the superior court defined the term "facade" in a manner that is at odds with the term's plain and ordinary meaning...

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