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FINCH v. CITY OF DURHAM

No. 85PA89.

384 S.E.2d 8 (1989)

325 N.C. 352

Vernon FINCH, Juaita Finch, Daniel J. Bullard and Christine Bullard v. The CITY OF DURHAM, North Carolina.

Supreme Court of North Carolina.

October 5, 1989.

Attorney(s) appearing for the Case

Mount White Hutson & Carden, P.A. by Richard M. Hutson, II, and Stephanie C. Powell, and Maxwell, Martin, Freeman and Beason, P.A. by James B. Maxwell, Durham, for plaintiff-appellees and cross-appellants.

Office of the City Atty. by Karen A. Sindelar, Asst. City Atty., Durham, for defendant-appellant and cross-appellee.

North Carolina League of Municipalities by S. Ellis Hankins, General Counsel, and Andrew L. Romanet, Jr., Asst. General Counsel, Raleigh, amicus curiae.

City of Charlotte by Henry W. Underhill, Jr., City Atty., Charlotte, and City of Greensboro by Jesse L. Warren, City Atty., Greensboro, amici curiae.

City of Wilmington by Thomas C. Pollard, City Atty., and Robert W. Oast, Jr., Asst. City Atty., Wilmington, amicus curiae.

Erdman, Boggs & Harkins by Harry H. Harkins, Jr., for Watts Hosp.-Hillandale Neighborhood Ass'n, Inc., Durham, amicus curiae.

MEYER, Justice.

This is a dispute over the Durham City Council's rezoning of a 2.6-acre, vacant, undeveloped tract ("the property") near the southeastern quadrant of the intersection of Interstate 85 ("I-85") and Hillandale Road in Durham. The evidence at trial tended to show that until 1979 all the land south of I-85 in this area was zoned R-10 (residential, minimum 10,000 square foot lot). However, from 1979 to 1985, the...

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