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STEALTH PROPERTIES v. TOWN OF PINEBLUFF

No. COA06-705.

645 S.E.2d 144 (2007)

STEALTH PROPERTIES, LLC d/b/a Advantage Plus Housing, and Carl Gallimore, Petitioners-Appellees, v. TOWN OF PINEBLUFF BOARD OF ADJUSTMENT, Respondent-Appellant.

Court of Appeals of North Carolina.

June 5, 2007.

Attorney(s) appearing for the Case

Michael B. Brough, Asheville, for respondent.

Van Camp, Meachem & Newman, PLLC, by Thomas M. Van Camp, Pinehurst, for petitioner.

ELMORE, Judge.

Carl Gallimore (Gallimore) is the owner of Stealth Properties, LLC d/b/a Advantage Plus Housing (Stealth) (together, petitioner). Petitioner bought property in the Town of Pinebluff, intending to build a modular home on the site for resale. Petitioner believed its property to be zoned R-20; the property is actually zoned R-30. This distinction is important, because while the sixteen foot setback proposed by petitioner in its plans met the fifteen foot...

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