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MANGUM v. RALEIGH BD. OF ADJUSTMENT

No. 613PA07.

669 S.E.2d 279 (2008)

Barbara Glover MANGUM, Terry Overton, Deborah Overton, and Van Eure, Petitioners v. RALEIGH BOARD OF ADJUSTMENT, PRS Partners, LLC, and RPS Holdings, LLC, Respondents.

Supreme Court of North Carolina.

December 12, 2008.

Attorney(s) appearing for the Case

Smith Moore, LLP, by James L. Gale, David L. York, and Elizabeth Brooks Scherer, Raleigh, for petitioner-appellants.

Poyner & Spruill, LLP, by Robin Tatum Currin, Raleigh, for respondent-appellee RPS Holdings, LLC.

BRADY, Justice.

In this case we determine the circumstances under which an adjacent property owner or property owner in close proximity has standing to challenge a Board of Adjustment's grant of a Special Use Permit. We hold that petitioners have standing to challenge the Raleigh Board of Adjustment's issuance of a Special Use Permit to PRS Partners, LLC and RPS Holdings, LLC. Thus, we reverse the decision of the Court of Appeals holding otherwise and remand this...

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