Court Stops Town’s Decision on Permit

RALEIGH — The N.C. Court of Appeals has affirmed a lower court in finding that Southern Pines’s decision to deny a conditional use permit to the local humane society was "arbitrary and capricious and not supported by competent, substantial evidence." The society had sought to build a veterinary clinic in Southern Pines. But the town council said the proposed facility was principally an animal shelter that would reduce the value of neighboring properties and would not be in harmony with the surrounding area. The Court found that the town had improperly shifted the burden of proof.