Legal Opinion · Concurring in part, dissenting in part

Northwest Property Group, LLC v. Town of Carrboro

Court of Appeals of North Carolina

Decided December 22, 2009No. COA08-929Published

1Concurring in part, dissenting in part

HUNTER, Robert C., Judge,

concurring in part and dissenting in part.

After careful review, I concur with the Court’s conclusion that the Town of Carrboro (“the Town”) erroneously failed to make the findings of fact required as a prerequisite for imposing the conditions to which Northwest Property Group, LLC (“Northwest”) objects in connection with the approval of the conditional use permit. I respectfully dissent from those portions of the Court’s opinion that conclude that the Town’s Board of Alderman (“the Board”) did not violate the Town’s Land Use Ordinance when it adopted the challenged…

2Cases cited12 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  3. Capricorn Equity Corp. v. Town of Chapel Hill Board of AdjustmentSupreme Court of North Carolina · 1993
  4. Howard v. City of KinstonCourt of Appeals of North Carolina · 2002
  5. Humane Society of Moore County, Inc. v. Town of Southern PinesCourt of Appeals of North Carolina · 2003

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