Blair Investments, LLC v. Roanoke Rapids City Council

STEELMAN, Judge.

Where petitioner made aprima facie case that it was entitled to a special use permit to construct a cell tower and the city council’s denial of petitioner’s application was not supported by competent, material, and substantial evidence, the trial court erred by affirming the city council’s decision.

I. Factual and Procedural Background

Blair Investors, LLC, (petitioner), a North Carolina limited liability corporation, leased a 100 square foot site in Roanoke Rapids to U.S. Cellular, which planned to install a cell phone tower. The property is zoned 1-1 Industrial by the City of…