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CUMULUS BROADCASTING v. HOKE COUNTY BD.

No. COA06-182.

638 S.E.2d 12 (2006)

CUMULUS BROADCASTING, LLC, Petitioner, v. HOKE COUNTY BOARD OF COMMISSIONERS, Respondent.

Court of Appeals of North Carolina.

December 5, 2006.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Derek J. Allen and Katherine A. Murphy, Greensboro, for petitioner-appellee.

Garris Neil Yarborough, Fayetteville, for respondent-appellant.

TYSON, Judge.

The Hoke County Board of Commissioners (the "Commission") appeals from order entered reversing its decision to deny Cumulus Broadcasting, LLC ("Cumulus") a conditional use permit to construct a 499-foot radio tower. We affirm.

I. Background

Jimmy and Carol Bunce ("the Bunces") own approximately 250 acres of real property located in Hoke County. The Bunces leased twenty-three acres of their property to Cumulus. Cumulus leased...

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