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MYERS PARK HOMEOWNERS v. CITY OF CHARLOTTE

No. COA12-1346.

747 S.E.2d 338 (2013)

MYERS PARK HOMEOWNERS ASSOCIATION, INC., a North Carolina nonprofit corporation, and Brian Thomas Atkinson, Petitioners, v. CITY OF CHARLOTTE, a North Carolina body politic and corporate, The City of Charlotte Zoning Board of Adjustment, an agency of the City of Charlotte, and Queens University of Charlotte, a North Carolina non-profit corporation, Respondents.

Court of Appeals of North Carolina.

August 20, 2013.

Attorney(s) appearing for the Case

Kenneth T. Davies ; and Currin & Currin, by Robin T. Currin , Raleigh, for petitioner appellants.

Robinson Bradshaw & Hinson, P.A., Charlotte, by Richard A. Vinroot and John H. Carmichael , for Queens University of Charlotte respondent appellee.

Assistant City Attorney Thomas E. Powers III , and Senior Assistant City Attorney Terrie Hagler-Gray , for the City of Charlotte respondent appellee.

McCULLOUGH, Judge.

Myers Park Homeowners Association, Inc. ("MPHA"), and Brian Thomas Atkinson ("Mr. Atkinson") (together "petitioners") appeal from the superior court's orders affirming the decision of The City of Charlotte's Zoning Board of Adjustment ("ZBA") and denying petitioners' motion for amendment of order and/or alteration or amendment of order. For the following reasons, we affirm.

I. Background

This case concerns the recent expansion...

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