Legal Opinion

Cook v. Union Zoning Bd. of Adjustment

Court of Appeals of North Carolina

Decided September 4, 2007No. COA06-1153PublishedCited by 13 opinions

1Opinion of the Court

STROUD, Judge.

The dispositive issues in this case are whether petitioners had standing to appeal to superior court the grant of a special use permit to respondent-intervenor, and whether petitioners were denied due process in the proceedings by which respondent-intervernors' application for a special use permit was granted. We hold that petitioners had standing to appeal, and that they were denied due process in the proceedings. Accordingly, we affirm the trial court order vacating the issuance of the special use permit to Wal-Mart.

I. Background

Wal-Mart submitted an application for a special…

2Cases cited15 opinions

  1. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  2. Mann Media, Inc. v. Randolph County Planning BoardSupreme Court of North Carolina · 2002
  3. ACT-UP Triangle v. Commission for Health ServicesSupreme Court of North Carolina · 1997
  4. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  5. Aubin v. SusiCourt of Appeals of North Carolina · 2002

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3Cited by13 opinions

  1. Musi v. Town of ShallotteCourt of Appeals of North Carolina · 2009
  2. Smith v. Forsyth County Board of AdjustmentCourt of Appeals of North Carolina · 2007
  3. CRLP Durham, LP v. Durham City/County Board of AdjustmentCourt of Appeals of North Carolina · 2011
  4. Cook v. UNION ZONING BD. OF ADJUSTMENTCourt of Appeals of North Carolina · 2007
  5. NCJS, LLC v. City of Charlotte, Corp.Court of Appeals of North Carolina · 2017

8 more not listed; retrieve them via the Exa API.

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