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CHAPEL HILL TITLE v. TOWN OF CHAPEL HILL

No. COA07-1292.

660 S.E.2d 667 (2008)

CHAPEL HILL TITLE AND ABSTRACT CO., INC., and Jonathan Starr and wife, Lindsay Starr, Petitioners, v. TOWN OF CHAPEL HILL and the Town of Chapel Hill Board of Adjustment, Respondents, v. Robert B. Ferrier, Hanson R. Malpass and wife Betsy J. Malpass, Respondents-Intervenors.

Court of Appeals of North Carolina.

May 20, 2008.

Attorney(s) appearing for the Case

The Brough Law Firm, by Michael B. Brough, Chapel Hill, for Petitioners.

Northen Blue, LLP, by David M. Rooks and Samantha H. Cabe, Chapel Hill, for Respondents.

Poyner & Spruill, LLP, by Robin Tatum Currin and Andrew J. Petesch, Raleigh, for Respondents-Intervenors.

McGEE, Judge.

Chapel Hill Title and Abstract Company (Chapel Hill Title) owns a vacant lot (the property) located at 901 Coker Drive in Chapel Hill, North Carolina. The property is zoned as an R-1 residential district. The property is subject to a town ordinance that requires building setbacks of twenty-eight feet from the street property line, seventeen feet along the rear property line, and fourteen feet along the remaining property lines. See Chapel Hill...

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