AMERICAN TOWERS v. TOWN OF MORRISVILLE

No. COA11-1455.

731 S.E.2d 698 (2012)

AMERICAN TOWERS, INC., Petitioner, v. TOWN OF MORRISVILLE, Respondent.

Court of Appeals of North Carolina.

September 4, 2012.


Attorney(s) appearing for the Case

Nexsen Pruet, PLLC, by David S. Poleka and Brian T. Pearce , Greensboro, attorneys for petitioner-appellant.

Jordan Price Wall Gray Jones & Carlton, PLLC, Raleigh, by R. Frank Gray and Lori P. Jones , attorneys for respondent-appellee.


STEELMAN, Judge.

In applying for a special use permit to erect a telecommunications tower, petitioner made a prima facie showing that the proposed use was in harmony with the neighborhood and that it was in conformity with the comprehensive plan of the town. However, petitioner failed to make a prima facie case that the proposed use would not substantially injure the value of adjoining property. The decision of the trial court, which upheld the denial...

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