Legal Opinion

Habitat for Humanity of Moore County, Inc. v. Board of Commissioners

Court of Appeals of North Carolina

Decided December 18, 2007No. COA07-406PublishedCited by 3 opinions

1Opinion of the Court

STEELMAN, Judge.

Habitat of Moore County, Inc. (Habitat)’s conditional use permit application was determined by the Board of Commissioners of the Town of Pinebluff (Commissioners) to be complete, and it had standing to appeal Commissioners’ denial of the permit. Habitat’s proposed subdivision was in compliance with the zoning requirements of Commissioners’ Unified Development Ordinance, and there was insufficient evidence to rebut the presumption of harmony with the area. Thus, the trial court did not err in reversing Commissioners’ decision.

I. Factual Background

On 26 June 2006, petitioner…

2Cases cited5 opinions

  1. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  2. Aubin v. SusiCourt of Appeals of North Carolina · 2002
  3. Street v. Smart Corp.Court of Appeals of North Carolina · 2003
  4. Vulcan Materials Co. v. Guilford County Board of County CommissionersCourt of Appeals of North Carolina · 1994
  5. In re T.M.H.Court of Appeals of North Carolina · 2007

3Cited by3 opinions

  1. PHG Asheville, LLC v. City of AshevilleCourt of Appeals of North Carolina · 2018
  2. Templeton Properties LP v. Town of BooneCourt of Appeals of North Carolina · 2014
  3. Carroll v. CITY OF KINGS MOUNTAINCourt of Appeals of North Carolina · 2008

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