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COVENTRY WOODS NEIGHBORHOOD v. CHARLOTTE

No. COA09-611.

688 S.E.2d 538 (2010)

The COVENTRY WOODS NEIGHBORHOOD ASSOCIATION, INC., a North Carolina non-profit corporation, John F. Bordsen and wife, Patricia Bresina, Martha L. McAulay, and Joan E. Provost, Eva Cole Matthews, Chris Johnson and wife, Shannon Jones, Rebecca S. Gardner, John White, Ronald Matthews and wife, Evelyn Matthews and Shirley Jones, and Thomas R. Myers, Plaintiffs, v. CITY OF CHARLOTTE, North Carolina, a municipal corporation, Charlotte-Mecklenburg Planning Commission, an agency of the City of Charlotte, and Independence Capital Realty, LLC, a North Carolina limited liability corporation, Defendants.

Court of Appeals of North Carolina.

February 2, 2010.

Attorney(s) appearing for the Case

Davies and Grist, LLP, by Kenneth T. Davies, Charlotte, for plaintiff-appellants.

Robert E. Hagemann, for defendant-appellees City of Charlotte and Charlotte-Mecklenburg Planning Commission.

Robinson, Bradshaw, & Hinson, P.A., by Richard A. Vinroot and Richard C. Worf, Jr., Charlotte, for defendant-appellee Independence Capital Realty, LLC.

ERVIN, Judge.

I. Factual Background

The individual Plaintiffs either own property located in or reside within the Coventry Woods or Cedars East subdivisions, both of which are located in Charlotte. Coventry Woods and Cedars East abut an approximately 16-acre tract of land owned by Independence Capital Realty, LLC.

On 10 July 2003, Independence Capital sought to have the 16-acre tract rezoned from R-4 to R-12MF. Plaintiff Coventry Woods Neighborhood...

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