Butler v. City Council of Clinton

TIMMONS-GOODSON, Judge.

Tim and Francis Butler (“petitioners”) appeal from an order of the trial court affirming a denial by the City Council of the City of Clinton (“respondents”) of petitioners’ application for a conditional use permit (“CUP”) to operate a crematory in Clinton, North Carolina.

The facts pertinent to the instant appeal are as follows: On 8 January 2002, the City Council conducted a hearing on petitioners’ application. After reviewing the evidence, respondents determined that petitioners failed to present uncontroverted evidence that the proposed crematory would comply with all…