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   State Courts - North Carolina - June 5, 2007

  
State v. VanBuren, NO. COA06-768, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Stealth Props., LLC v. Town of Pinebluff Bd. of Adjustment, NO. COA06-705, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Denial of variance was improper because board's finding that the zoning ordinance at issue was unambiguous in stating that the property was zoned R-30 and required 25-foot setbacks was clearly unsupported by the record. However, under N.C. Gen. Stat. § 160A-388(e), proper course was for trial court to remand to board, not to grant variance.

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Thomas v. Birchard (In re Thomas) , NO. COA06-623, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Order changing the guardianship of a protected person was proper because both the clerk and the trail court applied the correct standard to the petition for removal of a guardian, and the appointment of a substitute guardian under N.C. Gen. Stat. § 35A-1290(a): the better care and maintenance of the ward.

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Univ. Heights Cmty. Ass'n v. Portrait Homes Constr. Co., NO. COA06-746, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Ward v. Floors Perfect, NO. COA06-366, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was affirmed, in part, as workers' compensation claimant failed to show that he had suffered change in condition under N.C. Gen. Stat. § 97-47 as claimant's physician stated that any incapacity for work claimant had was of same kind and character as he had had originally; such continued incapacity was not change of condition.

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