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ALDERMAN v. CHATHAM COUNTY

No. 8715SC401.

366 S.E.2d 885 (1988)

John Michael ALDERMAN and Gloria R. Alderman; Rupert L. Bynum, Jr. and Joyce M. Bynum; George Bowie and Anne Bowie; F.C. Burgner; Elsie C. Goff; William C. Fischer and Sandra Fischer; Robert P. Blair; James E. Pruchniak; Joseph K. Ward and Charlotte Ward; George Clark Thompson and Carol S. Thompson v. CHATHAM COUNTY and the Board of County Commissioners of Chatham County, including Earl D. Thompson, Henry Dunlap, Jr., Gus Murchison, Jr., C.W. Lutterloh; Carl Thompson and Calvin Roberson and wife, Mary C. Roberson.

Court of Appeals of North Carolina.

April 19, 1988.

Attorney(s) appearing for the Case

Gunn & Messick, by Paul S. Messick, Jr. and Robert L. Gunn, Pittsboro, Faison, Brown, Fletcher & Brough by Michael Brough, Chapel Hill, for defendants-appellants.

Epting & Hackney by Robert Epting, Chapel Hill, for plaintiffs-appellees.

JOHNSON, Judge.

Plaintiffs' complaint alleged that defendant Chatham County and its Board of County Commissioners had acted unlawfully in rezoning Calvin and Mary C. Roberson's 14.2 acre tract from Residential Agricultural 40-30(RA 40-30) to Mobile Home District (MH District) for 14 lots and sought the court's declaratory judgment that defendant commissioners' 17 March 1986 action in that regard was illegal, invalid, and void, on grounds, inter alia, that the...

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