Legal Opinion

Ballas v. Town of Weaverville

Court of Appeals of North Carolina

Decided January 2, 1996No. COA95-222PublishedCited by 6 opinions

1Opinion of the Court

GREENE, Judge.

Sharon Balias and Shelley Burtt (petitioners) appeal an order affirming the Town of Weaverville Zoning Board of Adjustment’s (the Board) denial of petitioners’ request for a special use permit.

Petitioners applied for a special use permit in the Town of Weaverville (Town), which would allow them to locate and operate a bed and breakfast in a residential area on Hamburg Mountain. Zoning Ordinance § 17-111 (section 17-111) provides that seven criteria must be met before the Board may approve a special use permit. The two relevant sections state:(2) The special exception will not be…

2Cases cited11 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  3. Watson v. North Carolina Real Estate CommissionCourt of Appeals of North Carolina · 1987
  4. Brooks v. Ansco & Associates, Inc.Court of Appeals of North Carolina · 1994
  5. Empire Power Company v. Nc Department of Environment, Health and Natural Resources, Division of Environmental ManagementSupreme Court of North Carolina · 1994

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3Cited by6 opinions

  1. Tate Terrace Realty Investors, Inc. v. Currituck CountyCourt of Appeals of North Carolina · 1997
  2. Bontrager Auto Service, Inc. v. Iowa City Board of AdjustmentSupreme Court of Iowa · 2008
  3. Browning-Ferris Industries of South Atlantic, Inc. v. Guilford County Board of AdjustmentCourt of Appeals of North Carolina · 1997
  4. Jordan v. Civil Service Board of CharlotteCourt of Appeals of North Carolina · 2002
  5. Sanchez v. Town of BeaufortCourt of Appeals of North Carolina · 2011

1 more not listed; retrieve them via the Exa API.

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