Batch v. Town of Chapel Hill

MARTIN, Justice.

This case raises the question of whether the proceeding pursuant to plaintiff’s petition for writ of certiorari to review the decision of the Town of Chapel Hill which denied plaintiffs subdivision permit application was properly joined with her cause of action alleging in her complaint constitutional violations and seeking damages, costs, and attorney’s fees pursuant to 42 U.S.C. § 1988, 42 U.S.C. § 1983 and N.C.G.S. § 40A-8. Also presented is the further question of whether summary judgment in favor of plaintiff was properly granted as to both proceedings. We hold that these…