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CARDWELL v. SMITH

No. 8821SC280.

374 S.E.2d 625 (1988)

92 N.C. App. 505

James D. CARDWELL and wife, Elva A. Cardwell, J.V. Bodenheimer and wife, Peggy Bodenheimer, A. Leolin Sells and wife, Naomi W. Sells and Robert F. Linville and wife, Barbara C. Linville, Ronald R. Smith and wife, M.D. Smith, Ada S. Frye, and Pearl S. Sells, Plaintiffs, v. Aubrey SMITH, Zoning Officer and Superintendent of Inspections of Forsyth County, Salem Stone Company, William E. Ayers, Jr., Martin-Marietta Corporation d/b/a Martin-Marietta Aggregates, an operating unit of Martin-Marietta Corporation, Defendants.

Court of Appeals of North Carolina.

December 30, 1988.

Attorney(s) appearing for the Case

Hutchins, Tyndall, Doughton & Moore by Thomas Moore, Jr., and Thomas Taylor, Winston-Salem, for plaintiffs-appellants.

Johnathan V. Maxwell, Forsyth Co. Atty., Winston-Salem, for defendant-appellee Aubrey Smith.

Petree Stockton & Robinson by Ralph Stockton, Jr., Jeffrey C. Howard and Stephen R. Berlin, Winston-Salem, for defendants-appellees Salem Stone Co., William E. Ayers, Jr. and Martin-Marietta Corp.

ORR, Judge.

This matter arises out of an attempt by the defendant to use the property in question for a rock quarry. Plaintiff brings this action for a declaratory judgment pursuant to G.S. 1-254 (1983). The complaint states in pertinent part:

declaring that the issuance of a building permit or other permits to Salem Stone Company, Martin-Marietta Corporation, their agents or assigns for [a] quarry or other extractive...

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