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CHAPEL HILL TITLE & ABSTRACT CO. v. TOWN OF CHAPEL HILL

No. 275A08.

669 S.E.2d 286 (2008)

CHAPEL HILL TITLE AND ABSTRACT COMPANY, 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, Respondent-Intervenors.

Supreme Court of North Carolina.

December 12, 2008.

Attorney(s) appearing for the Case

The Brough Law Firm, by Michael B. Brough, Chapel Hill, for petitioner-appellants.

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

Poyner & Spruill, LLP, by Robin Tatum Currin and Andrew J. Petesch, Raleigh, for respondent-intervenor-appellees.

HUDSON, Justice.

In 2004 petitioners Chapel Hill Title and Abstract Company and Jonathan and Lindsay Starr sought a variance from respondents Town of Chapel Hill and its Board of Adjustment to construct a home in Chapel Hill on a vacant lot zoned for residential use. Because 78.5% of the property in question falls within a "Resource Conservation District" (RCD), unless petitioners receive a variance, the lot is subject...

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