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<br />May 25, 20091 Volume 3\No. 10 <br /> <br />Zoning Bulletin <br /> <br />tal's experts and' determined by them to not be negatively affected by <br />the proposed road. The court concluded that the lay opinions of ZBA <br />members, based on general information from the Audubon fact sheet, <br />which was not specifically addressed to the subject site, was insufficient <br />to counter the uncontroverted expert opinions presented by Continental. <br /> <br />See also: Condos East Corp. v. Town of Conway, 132 N.H. 431, 566 <br />A.2d 1136 (1989). <br /> <br />Case Note: The town had argued that the ZBA did not have to ac- <br />cept the conclusions of Continental's experts. The court agreed, but <br />said that the ZBA presented no evidence supporting their assertion <br />that the experts lacked credibility: The ZBA failed to question the <br />credibility or methodology of the experts. Moreover, there was no <br />evidence that the experts' opinions were biased, inaccurate, or lack- <br />ing in scientific basis. . <br /> <br />Interpretation of Zoning Regulation-Board <br />says applicant needs variance because proposed <br />adult establishment is within required buffer of <br />school <br /> <br />Applicant disputes Board's interpretation of measurement of <br />buffer <br /> <br />Citation: Mangum v. Raleigh Bd. of Adjustment, 674 S.E.2d 742 (N.c. <br />Ct. App. 2009) <br /> <br />NORTH CAROLINA (04/07/09)-PRS Partners,tLC and RPS Hold- <br />ings, LLC (collectively, "PRS") applied to the city for a special use permit <br />to operate a "[Gentlemen's]/Topless Adult Upscale Establishment" on <br />ptoperty in the city. Under the city's zoning code, adult establishments <br />were permitted by issuance of a special use permit. The code prohibited <br />adult establishments within 2,000 feet of specialty schools, unless a vari- <br />ance was granted by the city's Board of Adjustment (the "Board") for the <br />special permit. <br />The Board ultimately determined that PRS was entitled to a special <br />use permit and the permit was issued. Adjacent landowners, Barbara <br />Glover Mangum, Terry Overton, Deborah Overton, and Van Eure ap- <br />pealed the Board's decision. <br />The superior court eventually reversed the Board's decision. <br /> <br />4 <br /> <br />@ 2009 Thomson Reuters <br /> <br />44 <br /> <br />/~ <br />{ ) <br /> <br />.~ <br />) <br /> <br />i <br />\. <br />-.---0'- <br />