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

No. 93.

265 S.E.2d 379 (1980)

299 N.C. 620

COASTAL READY-MIX CONCRETE COMPANY, INC. v. BOARD OF COMMISSIONERS OF the TOWN OF NAGS HEAD et al.

Supreme Court of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Gerald F. White, White, Hall, Mullen, Brumsley & Small, Elizabeth City, for petitioner appellee Coastal Ready-Mix Concrete Co., Inc.

Thomas N. Barefoot and Thomas L. White, Jr., Kellogg, White & Evans, Manteo, for respondent appellant Bd. of Com'rs of the Town of Nags Head.

CARLTON, Justice.

The issue before us is whether the superior court properly reversed the Town of Nags Head Board of Commissioners' (Commissioners') denial of petitioner's application for a conditional use permit. Determination of the issue involves the continuing attempt to establish a proper balance between limiting arbitrary exercise of local zoning power while maintaining flexible local authority to control growth and development. We think in this case the denial...

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