LATHAN v. UNION COUNTY BD. OF COM'RS

No. 7920SC1181.

267 S.E.2d 30 (1980)

47 N.C. App. 357

Joseph D. LATHAN v. UNION COUNTY BOARD OF COMMISSIONERS and Union County and Gladys Nesbit and Keith A. Nesbit.

Court of Appeals of North Carolina.

June 17, 1980.


Attorney(s) appearing for the Case

Joe P. McCollum, Jr., Monroe, for plaintiff-appellee.

Griffin, Caldwell & Helder by Thomas J. Caldwell and H. Ligon Bundy, Monroe, for defendants-appellants Union County Board of Commissioners and Union County.

Smith, Smith, Perry & Helms by Henry B. Smith, Jr., Monroe, for defendants-appellants Gladys Nesbit and Keith A. Nesbit.


HARRY C. MARTIN, Judge.

Appellants assign as error the trial court's entering summary judgment on behalf of plaintiff and denying appellants' motion for summary judgment. The court granted judgment in favor of plaintiff "as a matter of law in that the property described in the petition was spot zoned by the defendant, Union County Board of Commissioners."

There is no controversy as to the facts disclosed by the evidence in this case. The only controversy involves...

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