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BAUCOM'S NURSERY v. MECKLENBURG COUNTY, N.C.

No. 8226SC614.

303 S.E.2d 236 (1983)

BAUCOM'S NURSERY COMPANY, a corporation v. MECKLENBURG COUNTY, NORTH CAROLINA, Edwin B. Peacock, Jr., Chairman and Member of the Board of County Commissioners of Mecklenburg County, North Carolina, and William H. Booe, Elisabeth G. Hair, W. Thomas Ray and Ann D. Thomas, Members of the Board of County Commissioners of Mecklenburg County, North Carolina.

Court of Appeals of North Carolina.

June 7, 1983.

Attorney(s) appearing for the Case

Boyle, Alexander, Hord & Smith by B. Irvin Boyle, Charlotte, for plaintiff-appellee.

Ruff, Bond, Cobb, Wade & McNair by James O. Cobb, Charlotte, for defendants-appellants.

BRASWELL, Judge.

The applicable standard for appellate review of a judgment rendered under the Declaratory Judgment Act was enunciated by this Court in Insurance Co. v. Allison, 51 N.C. App. 654, 657, 277 S.E.2d 473, 475, disc. rev. denied, 303 N.C. 315, 281 S.E.2d 652 (1981), to be as follows:

"[T]he [trial] court's findings of fact are conclusive...

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