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LAW OFFICES <br /> COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. <br /> A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL <br /> DOUGLAS HARGRAVE <br /> 129 E.TRYON STREET <br /> P.O.DRAWER 1529 qM K STEFFAN <br /> HILLSBOROUGH.NORTH CAROLINA 21273 JANET B.Dl TTON <br /> (919)732.2196 DOUGLAS P.THOREN <br /> FAX f919)732.7997 SAMUEL ELY COLEMAN <br /> April 12, 1995 <br /> Moses Carey, Jr. , Chair <br /> Bill Crowther <br /> Alice Gordon <br /> Stephen Halkiotis <br /> Don Willhoit <br /> Orange County Board of Commissioners <br /> Post Office Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> RE: Barton Lloyd et al. v. Orange County et al. <br /> Dear Board Members: <br /> In November 1992 the Board of Commissioners rezoned property <br /> formerly owned by Wayne Combs and his wife from Agricultural <br /> Residential (AR) and Rural Buffer (RB) to Existing Commercial V <br /> (EC-5) . That decision was challenged by neighboring property <br /> owners . <br /> In February 1995 a hearing was held on the validity of the <br /> zoning decision. Following that: hearing Judge Stephens concluded <br /> that there was no evidence presented at the public hearing that <br /> the property in question had ever been used for a commercial use <br /> permitted in the EC-5 zoning district. Judge Stephens, rather <br /> than reversing the decision of the Board of Commissioners, <br /> remanded the case to the Board of Commissioners to conduct <br /> further proceedings for the purpose of considering evidence, if <br /> there is any, of use of this property for a commercial use <br /> permitted in the EC-5 zoning district that existed prior to and <br /> on September 2, 1981, which would justify the zoning of the <br /> property to EC-5 . You'll recall that September 2, 1981 is the <br /> date on which Bingham Township was zoned. The property in <br /> question lies in Bingham Township. By separate letter to <br />