#### OCEAN HILL JOINT VENTURE; OCEAN HILL PROPERTIES, INC.; THE VILLAGES AT OCEAN HILL COMMUNITY ASSOCIATION, INC.; ERNEST WOOD and wife, JANE WOOD; RICHARD GONZALEZ and wife, DEBRA GONZALEZ; ROSALEE CHIARA; ROBERT RAMIREZ and wife, JANICE SERINO; GARY ROBINSON and wife, SUSAN ROBINSON; DANIEL HUNT and wife, CATHY HUNT; BARRY HEYMAN and wife, ELLEN HEYMAN; STEPHEN DAIMLER and wife, CAROL DAIMLER; DAVID BOVA and wife, CARRIE BOVA, Petitioners v. THE CURRITUCK COUNTY BOARD OF COMMISSIONERS and OCEAN HILL I PROPERTY OWNERS ASSOCIATION, INC., Respondents

No. 382PA06

(Filed 9 March 2007)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 178 N.C. App. 182, 630 S.E.2d 714 (2006), finding no error in a judgment entered on 10 March 2005 and an order dated 1 April 2005, both entered by Judge J. Richard Parker in Superior Court, Currituck County. Heard in the Supreme Court 13 February 2007.

C. Everett Thompson, II, for petitioner-appellees.

Katherine F. McKenzie for respondent-appellant Currituck County Board of Commissioners; and Robinson, Bradshaw & Hinson, FA., by John R. Wester and Jonathan C. Krisko, and Trimpi & Nash, LLP, by Thomas P. Nash, TV, for respondent-appellant Ocean Hill I Property Owners Association, Inc.

Andrew L. Romanet, Jr., General Counsel, and Gregory F. Schwitzgebel, III, Senior Assistant General Counsel, North Carolina League of Municipalities, amicus curiae.

Robert E. Hagemann, Senior Assistant City Attorney, and Ashley R. Heaton, Assistant City Attorney, City of Charlotte, amicus curiae.

Ellis & Winters LLP, by Matthew W. Sawchak and Julia F. Youngman, for North Carolina Association of County Commissioners, amicus curiae.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.