Coucoulas/Knight Properties, LLC v. Town of Hillsborough

I disagree with the majority’s decision to reverse the trial court. The majority holds that the trial court erred in concluding that the denial of plaintiff’s conditional use rezoning request unintentionally treated plaintiff in a manner different than other similarly situated applicants and was unduly discriminatory. Because I conclude that substantial evidence exists that the Board of Commissioners’ (“the Board”) denial of plaintiff’s request was unduly discriminatory, and, alternatively, that those Board members voting against the request acted in an arbitrary and capricious manner, I…