Capital Outdoor, Inc. v. Guilford County Board of Adjustment

BRYANT, Judge.

Based on the reasons stated in the dissenting opinion in Capital Outdoor, Inc. v. Guilford Cty. Bd. of Adjust., 146 N.C. App. 388, 552 S.E.2d 265 (2001) (hereinafter Capital I), rev’d per curiam, 355 N.C. 269, 559 S.E.2d 547 (2002), the Supreme Court reversed the majority opinion of this Court as to the majority’s articulation of the standard of review of superior court orders upholding or reversing agency/board decisions. The evidence presented before the superior court in this case is summarized in Capital I. Consistent with the Supreme Court’s mandate, we now articulate the…