Schaefer v. Town of Hillsborough

BRYANT, Judge.

Because this Court, in a prior appeal of this case, ordered that the matter be remanded “for entry of judgment directing the [Board of Adjustment] to issue the conditional use permit for which petitioners applied[,]” Schaefer v. Hillsborough, COA No. 08-796, slip op. at 12-13 (N.C. App. 4 August 2009), and, as a general rule, “an inferior court must follow the mandate of an appellate court in a case without variation or departure,” In re R.A.H., 182 N.C. App. 52, 57, 641 S.E.2d 404, 407 (2007) (quoting Condellone v. Condellone, 137 N.C. App. 547, 551, 528 S.E.2d 639, 642…