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MNC HOLDINGS, LLC v. TOWN OF MATTHEWS

No. COA12-703.

735 S.E.2d 364 (2012)

MNC HOLDINGS, LLC, Petitioner, v. The TOWN OF MATTHEWS, Respondent.

Court of Appeals of North Carolina.

November 20, 2012.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, by Thomas E. Terrell, Jr. , Greensboro, and Elizabeth Brooks Scherer , Raleigh, and Bringewatt & Snover, PLLC, Davidson, by Kevin M. Bringewatt , for Petitioner-appellee.

Hamilton Stephens Steele & Martin, PLLC, by Rebecca K. Cheney , for Respondent-appellant.

HUNTER JR., ROBERT N., Judge.

This appeal arises from the denial of a variance petition by the Town of Matthews ("the Town"). Petitioner MNC Holdings, LLC ("MNC") sought review of the denial by writ of certiorari in superior court, which was granted. The court then reversed the denial of the petition, concluding the Town erroneously applied Section 153.224(D) of the Town of Matthews' Zoning Ordinance. For the following reasons, we hold that the trial court's application...

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