COASTAL READY-MIX, ETC. v. BOARD OF COM'RS

No. 781SC654.

255 S.E.2d 246 (1979)

41 N.C. App. 557

COASTAL READY-MIX CONCRETE CO., INC., Petitioner-Appellee, v. BOARD OF COMMISSIONERS OF the TOWN OF NAGS HEAD, Charles D. Evans, Mayor, Joseph E. Pool, Commissioner, Donald W. Bryan, Commissioner, Ronald E. Scott, Commissioner, and J. Fred Hill, Commissioner, Respondents-Appellants.

Court of Appeals of North Carolina.

June 5, 1979.


Attorney(s) appearing for the Case

White, Hall, Mullen, Brumsey & Small by Gerald F. White, Elizabeth City, for petitioner-appellee.

Kellogg & White by Thomas N. Barefoot, Manteo, for respondents-appellants.


ERWIN, Judge.

On this appeal, respondents contend that the trial judge erred in its conclusion that petitioner was entitled to a conditional use permit as a matter of law that would allow petitioner to locate its concrete plant in a C-2 General Commercial District in the Town of Nags Head. We agree with the judgment entered by the trial court and affirm.

The zoning ordinance in question is Section 7.06C(4) of the Town of Nags Head, which provides:

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