Humane Society of Moore County, Inc. v. Town of Southern Pines

MARTIN, Judge.

In November 1999, the Humane Society of Moore County (“Humane Society”) submitted an application to the Town of Southern Pines (“Town”) for a Conditional Use Permit for a “Community Animal Welfare and Activity Center” to be built upon a 12.5 acre property, which the Humane Society had an option to purchase. The property is zoned “Planned Development,” a mixed use zoning which permits commercial land use. Among the permissible uses, according to the Town’s Unified Development Ordinance (“UDO”), is “Veterinarian, Animal Clinic, Outside Kennel.”

Prior to an initial hearing before…