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BAUCOM'S NURSERY v. MECKLENBURG COUNTY

No. 8726SC1046.

366 S.E.2d 558 (1988)

89 N.C. App. 542

BAUCOM'S NURSERY COMPANY, a corporation v. MECKLENBURG COUNTY, North Carolina, Carla E. DuPuy, Chairman and Member of the Board of County Commissioners of Mecklenburg County, North Carolina, and T. Rodney Autrey, John G. Blackmon, George Higgins, Peter Keber, Barbara Lockwood and Robert L. Walton, Members of the Board of County Commissioners of Mecklenburg County, North Carolina.

Court of Appeals of North Carolina.

April 5, 1988.

Attorney(s) appearing for the Case

Boyle, Alexander, Hord and Smith by B. Irvin Boyle, Charlotte, for plaintiff-appellant.

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

SMITH, Judge.

Plaintiff previously instituted an action against defendant County and its commissioners involving an interpretation of this same zoning ordinance as it was written before the 6 December 1982 amendment. See Baucom's Nursery Co. v. Mecklenburg Co., 62 N.C. App. 396, 303 S.E.2d 236 (1983). Before this court filed its opinion in the prior case, the ordinance, which was then the subject of litigation, was amended...

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