Byrd v. Franklin Cnty

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. NO. COA13-1456 NORTH CAROLINA COURT OF APPEALS Filed: 18 November 2014 AARON BYRD and ERIC COOMBS, Petitioners v. Franklin County No. 13 CVS 06 FRANKLIN COUNTY, NORTH CAROLINA Respondent 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. Currin & Currin, by George B. Currin Hofmann, for Petitioners-appellants. and Catherine A. 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 required Petitioners dismiss Petitioners’ held to that apply appeal for Petitioners’ a special challenging the shooting use range permit, denial of we 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). -1NO. COA13-1456 NORTH CAROLINA COURT OF APPEALS Filed: 18 November 2014 AARON BYRD and ERIC COOMBS, Petitioners, v. Franklin County No. 13 CVS 450 FRANKLIN COUNTY, NORTH CAROLINA, Respondent. 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).

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