For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.
Guilford Financial Services, LLC v. City of Brevard, 356 N.C. 655 (2003)
Feb. 28, 2003
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Supreme Court of North Carolina
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No. 295A02
356 N.C. 655
GUILFORD FINANCIAL SERVICES, LLC, Petitioner v. THE CITY OF BREVARD, A MUNICIPAL CORPORATION, RESPONDENT
No. 295A02
(Filed 28 February 2003)
Zoning— subdivision plat — compliance with ordinance and regulations — entitlement to approval
The decision of the Court of Appeals in this case is reversed for the reasons stated in the dissenting opinion that a subdivision plat for affordable housing complied with a city’s zoning ordinance and subdivision regulations, the city council’s denial of the subdivision application was unsupported by competent, material and substantial evidence, and the applicant was entitled to approval of its subdivision plat.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 150 N.C. App. 1, 563 S.E.2d 27 (2002), vacating a judgment entered 2 November 2000 by Judge J. Marlene Hyatt in Superior Court, Transylvania County, and remanding the case with instructions. Heard in the Supreme Court 5 February 2003.
Smith Moore LLP, by James G. Exum, Jr., and Robert R. Marcus; and Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Craig D. Justus, for petitioner-appellant.
Ramsey, Hill, Smart, Ramsey & Pratt, P.A., by Michael K. Pratt; and James M. Kimzey, for respondent-appellee.