SCHAEFER v. TOWN OF HILLSBOROUGH

No. COA10-968.

712 S.E.2d 727 (2011)

Bonnie SCHAEFER and Robert D. Bevan, III, Petitioners, v. TOWN OF HILLSBOROUGH, a North Carolina municipality and its Board of Adjustment, Respondent.

Court of Appeals of North Carolina.

July 5, 2011.


Attorney(s) appearing for the Case

The Brough Law Firm, Chapel Hill, by Robert E. Hornik, Jr. , for respondent-appellant.

Brown & Bunch, PLLC, Chapel Hill, by LeAnn Nease Brown and James R. Baker , for petitioner-appellees.


BRYANT, Judge.

Because this Court, in a prior appeal of this case, ordered that the matter be remanded "for entry of judgment directing the [Board of Adjustment] to issue the conditional use permit for which petitioners applied[,]" Schaefer v. Hillsborough, COA No. 08-796, slip op. at 12-13, 198 N.C. App. 703, 2009 WL 2367051 (N.C.App. 4 August 2009), and, as a general rule, "an inferior court must follow the mandate of an appellate court in a case without...

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