Cary Creek Ltd. Partnership v. Town of Cary

MARTIN, Chief Judge.

Petitioner appeals from the superior court’s order affirming the decision of the Town of Cary, North Carolina, which denied petitioner’s request for a variance. We affirm the superior court’s order.

Petitioner Cary Creek Limited Partnership owns an approximate 108-acre tract of land in Cary, North Carolina. This case arises from petitioner’s attempt to obtain a variance from an ordinance enacted by respondent Town of Cary establishing riparian buffers within which no development may occur. We previously issued an opinion in a related dispute, Cary Creek Ltd. Partnership v.…