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CITY OF WINSTON-SALEM v. HOOTS CONCRETE CO., INC.

No. 7721SC578.

245 S.E.2d 536 (1978)

37 N.C. App. 186

CITY OF WINSTON-SALEM v. HOOTS CONCRETE COMPANY, INC.

Court of Appeals of North Carolina.

July 11, 1978.

Attorney(s) appearing for the Case

Ronald G. Seeber, City Atty., and Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for plaintiff.

Deal, Hutchins & Minor by Fred S. Hutchins, Jr., and Booe, Mitchell, Goodson & Shugart by William S. Mitchell, Winston-Salem, for defendant.

BROCK, Chief Judge.

This action was instituted 12 November 1976 to permanently enjoin defendant from conducting a concrete mixing business on the property located at 4520 Indiana Avenue, Winston-Salem. The property in question is zoned I-2 (Limited Industrial District).

The case was heard in the trial court on plaintiff's motion for summary judgment.

By his affidavit, defendant asserts that in 1970 he applied for and was issued a "building" permit...

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