Legal Opinion

Baker v. Town of Rose Hill

Court of Appeals of North Carolina

Decided May 20, 1997No. COA96-647PublishedCited by 5 opinions

1Opinion of the Court

WALKER, Judge.

On 31 July 1995, Cargill, Inc. requested a conditional use permit (CUP) from the Town of Rose Hill (the Town) for the construction of a soybean meal transfer facility. The property upon which the facility would be located was within a district zoned mixed-use. The mixed-use district allows industrial uses upon complying with the conditions listed in the Town’s zoning ordinance and obtaining a CUP.

A hearing was held before the Planning Board on 11 September 1995, at which time they received evidence in support of the application for a CUP and in opposition to its issuance. A…

2Cases cited2 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. CG&T Corp. v. Board of Adjustment of WilmingtonCourt of Appeals of North Carolina · 1992

3Cited by5 opinions

  1. Dellinger v. Lincoln CountyCourt of Appeals of North Carolina · 2016
  2. Blair Investments, LLC v. Roanoke Rapids City CouncilCourt of Appeals of North Carolina · 2013
  3. Butler v. City Council of ClintonCourt of Appeals of North Carolina · 2003
  4. Cox v. HancockCourt of Appeals of North Carolina · 2003
  5. Dellinger v. Lincoln Cty.Court of Appeals of North Carolina · 2016

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