No. COA08-1087.

683 S.E.2d 228 (2009)

COUCOULAS/KNIGHT PROPERTIES, LLC, Plaintiff, v. TOWN OF HILLSBOROUGH, a North Carolina municipality and its Board of Commissioners, Defendants.

Court of Appeals of North Carolina.

September 1, 2009.

Attorney(s) appearing for the Case

Brown & Bunch, PLLC, by LeAnn Nease Brown, Chapel Hill, for plaintiff-appellee.

The Brough Law Firm, by Robert E. Hornik, Jr., Chapel Hill, for defendants-appellants.

BRYANT, Judge.

The Board of Commissioners of the Town of Hillsborough (defendants) appeal from an order and judgment of the Orange County Superior Court concluding that the denial of plaintiff's conditional use zoning request unintentionally treated plaintiff in a manner different than other similarly situated applicants and was unduly discriminatory toward plaintiff, overturning the denial, and remanding the zoning request to defendants with instructions to grant...

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