Civil Practice – Appeals – Municipal – Zoning – Conditional Use Permit – Costs

Schaefer v. Town of Hillsborough (Lawyers Weekly No. 11-07-0676, 8 pp.) (Wanda G. Bryant, J.) Appealed from Orange County Superior Court. (Abraham Penn Jones, J.) N.C. App. Unpub. Click here for the full-text opinion.

Holding: On a prior appeal, this court remanded “for entry of judgment directing [respondent] to issue the conditional use permit for which petitioners applied.” Since we did not remand for further proceedings, the superior court was correct to order respondent to issue the conditional use permit without imposing any new or different conditions.

Affirmed.

“If a judgment is reversed, costs shall be taxed against the appellee unless otherwise required.” N.C. R. App. P. 35(a). Therefore, the superior court was acting in accordance with the judgment of this court and our Rules of Appellate Procedure when it taxed respondent with the costs.