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FEHRENBACHER v. CITY OF DURHAM

No. COA14-712.

768 S.E.2d 186 (2015)

Dolly FEHRENBACHER, Melvin Fehrenbacher, Aaron C. Croom, Dorothy Croom, Stuart Pimm, Julia Pimm, Larry Kensil and Susan Kensil, and Good Neighbors Of 751, an Unincorporated Association, Petitioners, v. CITY OF DURHAM, a North Carolina Municipality, and Durham County, a North Carolina County, Philip Post & Associates, Inc., Greek Orthodox Community Of Durham, North Carolina, Incorporated, and Sprintcom, Inc., Respondents.

Court of Appeals of North Carolina.

February 3, 2015.

Attorney(s) appearing for the Case

The Brough Law Firm, by Robert E. Hornik, Jr. , Chapel Hill, for Petitioners.

Styers & Kemerait, PLLC, by Karen M. Kemerait , for Respondents Philip Post & Associates, Inc.; Greek Orthodox Community of Durham, North Carolina, Inc.; and SprintCom, Inc. Office of the City Attorney, by Senior Assistant City Attorney Donald T. O'Toole , for Respondent City of Durham.

Durham County Attorney Bryan Wardell for Respondent Durham County.

This is a case about a giant fake pine tree and what it means to conceal the aesthetic externalities of modernizing our State's telecommunications grid. The Petitioners are a group of homeowners who object to the Durham City-County Board of Adjustment's decision to approve construction of a 120-foot-tall cell tower on the property...

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