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HALL v. CITY OF DURHAM

No. 16PA88.

372 S.E.2d 564 (1988)

323 N.C. 293

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.

Supreme Court of North Carolina.

October 6, 1988.

Attorney(s) appearing for the Case

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

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

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

Barrow & Redwine by Phillip O. Redwine, Raleigh, for defendant-appellant B,K,B, Inc.

MEYER, Justice.

Plaintiffs filed an action seeking a declaratory judgment concerning the validity of a rezoning amendment adopted by the Durham City Council (hereinafter "the Council"), which rezoned approximately 12.9 acres of land near the intersection of Roxboro and Latta Roads in Durham, North Carolina. Plaintiffs' complaint alleged that the rezoning was invalid because (1) the property was rezoned on a vote of 7 to 6 of the Council when a valid protest petition...

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