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LITTLE RIVER, LLC v. LEE COUNTY

No. COA17-461.

809 S.E.2d 42 (2017)

LITTLE RIVER, LLC, Petitioner, v. LEE COUNTY, North Carolina, Respondent, and Carolina Trace Association, Inc.; South Landing Property Owners Association, Inc.; Village At the Trace Property Owners Association; Sedgemoor Property Owners Association; Escalante Carolina Trace, LLC; Sandra Ward; Terry Ward; Laura Riddle; Bobby Riddle, Jr.; Daniel Stanley; Kay Coles; Fred Berman; C. David Turner; John Beck; Lyona Beck; Gerald Merritt; Cheryl Merritt; Kermit Keeter; Louane Keeter; Alfred Rushatz; Sharwynne Blatterman; Barry Markowitz; Miriam Markowitz; Terri Dussault; and Homer Todd Spofford, Neighbor-Respondents.

Court of Appeals of North Carolina.

Filed: December 19, 2017.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Raleigh, by Karen M. Kemerait and M. Gray Styers, Jr. , for petitioner-appellant.

Yarborough, Winters & Neville, P.A., by Garris Neil Yarborough , Fayetteville, and Lee County Attorney Whitney Parrish, for respondent-appellee.

Womble Carlyle Sandridge & Rice, LLP, Raleigh, by Michael C. Thelen , for intervenor-respondent-appellees.

Little River, LLC ("Petitioner") appeals from an order affirming the decision of the Lee County Board of Adjustment (the "Board") to deny Petitioner's application for a special use permit. We affirm in part, reverse in part, and remand.

I. Background

On 9 September 2015, Petitioner submitted its second application...

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