North Carolina Business Litigation Report

Heafner v. City of Gastonia, 2006 NCBC 17 (N.C. Super. Ct. Nov. 14, 2006)(Diaz)

This was a Writ of Certiorari to the Business Court asking for the reversal of a zoning decision by a City. The City had issued a conditional use permit authorizing a proposed development. To the extent that there were claims of errors of law, the Court reviewed the matter de novo. To the extent that there were claims that the issuance of the permit was not supported by the evidence or that it was arbitrary and capricious, the Court applied the "whole record" test, which required it to examine all of the competent evidence before the CIty to determine whether its decision was supported by substantial evidence. After consideration, the Court affirmed the zoning decisions made.

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Mack Sperling
Brooks Pierce, LLP
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401

1600 Wachovia Capitol Center
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