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CARY CREEK LTD. PARTNERSHIP v. TOWN OF CARY

No. COA10-38.

700 S.E.2d 80 (2010)

CARY CREEK LIMITED PARTNERSHIP, Petitioner, v. TOWN OF CARY, North Carolina, Respondent.

Court of Appeals of North Carolina.

October 5, 2010.

Attorney(s) appearing for the Case

Robertson, Medlin & Bloss, PLLC, by John F. Bloss , Greensboro, and Smith Moore Leatherwood LLP, by Marc C. Tucker , Raleigh, for petitioner-appellant.

Town of Cary, by Lisa C. Glover , Assistant Town Attorney, and Womble Carlyle Sandridge & Rice, by Michael T. Henry , Raleigh, for respondent-appellee.

MARTIN, Chief Judge.

Petitioner appeals from the superior court's order affirming the decision of the Town of Cary, North Carolina, which denied petitioner's request for a variance. We affirm the superior court's order.

Petitioner Cary Creek Limited Partnership owns an approximate 108-acre tract of land in Cary, North Carolina. This case arises from petitioner's attempt to obtain a variance from an ordinance enacted by respondent Town of Cary establishing...

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