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HALL v. CITY OF DURHAM

No. 8714SC343.

362 S.E.2d 791 (1987)

Louise B. HALL, Paul B. Hall, Luther C. Hammond, Dorothy S. Hammond and the Latta Road Neighborhood Association, Inc. v. The CITY OF DURHAM, Lowe's Investment Corporation, and B, K, B, Inc.

Court of Appeals of North Carolina.

December 15, 1987.

Attorney(s) appearing for the Case

Maxwell, Freeman, and Beason, P.A. by James B. Maxwell and Alice Neece Mosley, Durham, for plaintiffs-appellees.

Loflin & Loflin by Thomas F. Loflin, III, and Dean A. Shangler, and Charles Darsie, Durham, for defendants-appellants, Lowe's Investment Corp. and B, K, B, Inc.

Michaux & Michaux by Eric Michaux, Durham, for defendant-appellant, Lowe's Investment Corp.

BECTON, Judge.

Plaintiffs, Paul and Louise Hall, Luther and Dorothy Hammond, and the Latta Road Neighborhood Association, Inc., filed this action seeking a declaratory judgment concerning the validity of a rezoning amendment adopted by the Durham City Council (the Council), which rezoned approximately 12.9 acres of land near the intersection of Roxboro and Latta Roads in Durham. The Complaint alleged that the rezoning was invalid because (1) a valid protest petition...

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