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BAILEY AND ASSOCIATES v. BD. OF ADJUSTMENT

No. COA09-18.

689 S.E.2d 576 (2010)

BAILEY AND ASSOCIATES, INC., Petitioner, v. WILMINGTON BOARD OF ADJUSTMENT and City of Wilmington, Respondents, and John Blackwell and wife, Eliza Blackwell; Victor Byrd and wife, Carolyn Byrd; Vishak Das and wife, Tracy Das; Bill Dobo and wife, Barbie Dobo; Bob Dobo and wife, Jean Dobo; Barbie Dobo; Butch Dobo and wife, Shelly Dobo; Patrick Edwards and wife, Kim Edwards; Matt Epstein and Nina Brown; Earl Galleher and wife, Lauren Galleher; Barbara Guard and husband, Ron Guard; Glenda Flynn; Jane Hardwick; L.T. Hines and wife, Joy Hines; Wright Holman and Susan Keyes; Jim Long and wife, Bess Long; Ann McCrary; Kenyata McCrary and wife, Grace McCrary; Pem Nash and wife, Gretchen Nash; Donna Noland; Pat Patterson and wife, Mary Patterson; Drew Pierson and wife, Knox Pierson; David Powell and wife, Janice Powell; Allen Riggan and wife, Pam Riggan; Nancy Rose; Rolf Sass and wife, Janis Sass; Ben Spradley and wife, Sandee Spradley; Charles Sweeny and wife, June Sweeny; Susan Swinson; George Turner and wife, Sue Turner; Joyce Zimmerman; Noah Zimmerman and wife, Kathryn Zimmerman; Robert Smith and wife, Mary Smith, Intervenor-Respondents.

Court of Appeals of North Carolina.

February 2, 2010.

Attorney(s) appearing for the Case

Shanklin & Nichols, LLP, by Matthew A. Nichols and Kenneth A. Shanklin, Wilmington, for Petitioner-Appellant and Appellee.

Law Office of G. Grady Richardson, Jr., P.C., by G. Grady Richardson, Jr., Wilmington, for Intervenor-Appellants and Appellees.

ERVIN, Judge.

Bailey and Associates, Inc., (Petitioner) owns a 4.5 acre tract of property located at 201 Summer Rest Road in Wilmington, North Carolina, which is locally know as the "old Babies Hospital" (the Property). Intervenor-Respondents (Intervenors) own property that is located contiguous to or near the Property. Intervenors appeal from an order entered 26 July 2008 (1) allowing their motion to intervene, (2) denying their motion pursuant to N.C. Gen.Stat....

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