Ghidorzi Construction Inc. v. Town of Chapel Hill

This appeal arises out of the denial of an application for a special use permit. In August of 1984, petitioner Ghidorzi Construction, Inc., applied to the respondents Town of Chapel Hill for a special use permit for the construction of ninety-one dwelling units on a 15.2-acre tract in Chapel Hill to be known as Windy Hill. On 19 November 1984 respondents met in a regular session to conduct a public hearing concerning petitioner's application. The Planning Board of the Town of Chapel Hill, the Appearance Commission of the Town of Chapel Hill, and the Town Manager all recommended that the petitioner's application be approved on the condition that Erwin Road be widened by the petitioner. On 10 December 1984, respondents met in regular session to consider the evidence presented at the 19 November meeting. The Town Manager again recommended that the Council approve the application. The Town Council ordered an additional public hearing on the application, which was held on 18 March 1985. Following this hearing, the Town Council voted to refer the proposed development to the Town Manager for additional study. On 9 April 1985, the matter again came before the Town Council. The Town Manager again recommended approval of the development; however, the Town Council adopted a resolution denying the application.