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COOK v. UNION ZONING BD. OF ADJUSTMENT

No. COA06-1153.

649 S.E.2d 458 (2007)

Glenn and Jessica COOK; Charles and Geraldine Frank; George and Phyllis Hendry; Nathan and Lisa Murphy; Byron Nesbit; Kelly and Jenifer Rubottom; and Union County, a body politic and corporate of the State of North Carolina, Petitioners, v. UNION COUNTY ZONING BOARD OF ADJUSTMENT, Respondent, and Wal-Mart Stores East, Inc.; and Wal-Mart Real Estate Business Trust, Intervenor Respondents.

Court of Appeals of North Carolina.

September 4, 2007.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, LLP, by Benjamin R. Sullivan and Brenton W. McConkey, Charlotte, for Petitioner-Appellees Cook, Frank, Hendry, Murphy, Nesbit & Rubottom.

Shumaker, Loop & Kendrick, LLP, by William H. Sturges, Charlotte, for Petitioner-Appellee, Union County.

John T. Burns, Monroe, for Respondent-Appellant, Union County Zoning Board of Adjustment.

Guthrie, Davis, Henderson & Staton, PLLC, by John H. Hasty, Kimberly R. Matthews, and Justin N. Davis, Charlotte, for Intervenor-Respondent-Appellant, Wal-Mart.

Troutman Sanders, LLP, by Ashley H. Story, Raleigh, for Intervenor-Respondent-Appellant, Wal-Mart.

STROUD, Judge.

The dispositive issues in this case are whether petitioners had standing to appeal to superior court the grant of a special use permit to respondent-intervenor, and whether petitioners were denied due process in the proceedings by which respondent-intervernors' application for a special use permit was granted. We hold that petitioners had standing to appeal, and that they were denied due process in the proceedings. Accordingly, we affirm the trial court...

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