ROBINS v. TOWN OF HILLSBOROUGH

No. 154A06.

639 S.E.2d 421 (2007)

Douglas M. ROBINS v. TOWN OF HILLSBOROUGH.

Supreme Court of North Carolina.

January 26, 2007.


Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, L.L.P., by Seth R. Cohen, Greensboro, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Susan K. Burkhart, Raleigh, for defendant-appellant.

Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Craig D. Justus, Asheville, and Richard A. Zechini, Raleigh, Counsel for North Carolina Association of Realtors, for the North Carolina Home Builders Association, North Carolina Association of Realtors, and North Carolina Outdoor Advertising Association, amici curiae.


BRADY, Justice.

In this case we determine whether plaintiff, who applied to defendant for approval of his site specific development plan, has a right to have his application reviewed under the zoning ordinance in effect at that time. We conclude that he does and therefore modify and affirm in part, and vacate in part, the opinion of the Court of Appeals. We also remand this case for entry of judgment in plaintiff's favor.

FACTUAL BACKGROUND

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