Legal Opinion
SBA, INC. v. City of Asheville City Council
Court of Appeals of North Carolina
Decided December 19, 2000No. COA99-1344PublishedCited by 19 opinions
1Opinion of the Court
FULLER, Judge.
Petitioners SBA, Inc. and Paul Tescione appeal an order affirming the decision of respondent City of Asheville City Council denying the issuance of a conditional use permit (“CUP”) for the construction of a telecommunications tower. On 12 June 1998 petitioners filed with respondent an application for a CUP to construct a 175-foot telecommunications tower on property leased partially by petitioner SBA and partially by Tescione. Petitioners’ application proposed the tower be constructed in a CB-II “Community Business” zoning district on Merrimon Avenue in Asheville.
Petitioners’…
2Cases cited12 opinions
- Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
- Amanini v. N.C. Department of Human ResourcesCourt of Appeals of North Carolina · 1994
- Meads v. North Carolina Department of AgricultureSupreme Court of North Carolina · 1998
- Sun Suites Holdings, LLC v. Board of AldermenCourt of Appeals of North Carolina · 2000
- 360° Communications Co. v. Board of Supervisors of Albemarle CountyCourt of Appeals for the Fourth Circuit · 2000
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Howard v. City of KinstonCourt of Appeals of North Carolina · 2002
- Dellinger v. Lincoln CountyCourt of Appeals of North Carolina · 2016
- Kerik v. Davidson CountyCourt of Appeals of North Carolina · 2001
- Blair Investments, LLC v. Roanoke Rapids City CouncilCourt of Appeals of North Carolina · 2013
- American Towers, Inc. v. Town of MorrisvilleCourt of Appeals of North Carolina · 2012
14 more not listed; retrieve them via the Exa API.