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Byrd v. Franklin Cnty.

NORTH CAROLINA COURT OF APPEALS
Nov 18, 2014
767 S.E.2d 150 (N.C. Ct. App. 2014)

Opinion

No. COA13–1456.

11-18-2014

Aaron BYRD and Eric Coombs, Petitioners v. FRANKLIN COUNTY, North Carolina, Respondent.

Currin & Currin, by George B. Currin and Catherine A. Hofmann, for Petitioners-appellants. Davis Sturges and Tomlinson, by Aubrey S. Tomlinson, Jr., for respondent-appellee.


Currin & Currin, by George B. Currin and Catherine A. Hofmann, for Petitioners-appellants.

Davis Sturges and Tomlinson, by Aubrey S. Tomlinson, Jr., for respondent-appellee.

DILLON, Judge.

Aaron Byrd and Eric Coombs (“Petitioners”) appeal from the trial court's order affirming the Franklin County Board of Commissioners' decision to deny Petitioners a special use permit for their shooting range on their property in Franklin County. Because of our decision in COA13–1457 reversing the superior court's decision that held that Petitioners' shooting range required Petitioners to apply for a special use permit, we dismiss Petitioners' appeal challenging the denial of their application for a special use permit as moot.

DISMISSED.

Judge DAVIS concurs.

Judge HUNTER, Robert C., concurs in result only by separate opinion.

Report per Rule 30(e).

HUNTER, Robert C., Judge, concurring.

I concur in the majority's determination that this appeal be dismissed as moot, but for reasons stated in my dissenting opinion in Byrd v. Franklin County(No. COA13–1457).

Opinion

Appeal by Petitioners from order entered 24 September 2013 by Judge Robert H. Hobgood in Franklin County Superior Court. Heard in the Court of Appeals 13 August 2014.


Summaries of

Byrd v. Franklin Cnty.

NORTH CAROLINA COURT OF APPEALS
Nov 18, 2014
767 S.E.2d 150 (N.C. Ct. App. 2014)
Case details for

Byrd v. Franklin Cnty.

Case Details

Full title:AARON BYRD and ERIC COOMBS, Petitioners v. FRANKLIN COUNTY, NORTH CAROLINA…

Court:NORTH CAROLINA COURT OF APPEALS

Date published: Nov 18, 2014

Citations

767 S.E.2d 150 (N.C. Ct. App. 2014)