MAHAFFEY v. FORSYTH COUNTY

No. 8921SC1215.

394 S.E.2d 203 (1990)

99 N.C. App. 676

Garner MAHAFFEY and wife, Barbara T. Mahaffey, Plaintiffs, v. FORSYTH COUNTY; James N. Ziglar, Jr.; Richard V. Linville, Forrest E. Conrad, Wayne G. Williard, and John S. Holleman, Jr., Members of the Board of Commissioners of Forsyth County; Berean Baptist Church; Harold Gibson; Tim Myers, Earl Eaton, Bill Kizer, and Jim Talbert, Trustees of Berean Baptist Church; and Cladie Gray Denny, Defendants.

Court of Appeals of North Carolina.

August 7, 1990.


Attorney(s) appearing for the Case

Wolfe and Collins, P.A. by A.L. Collins and John G. Wolfe, III, Kernersville, for plaintiffs/cross-appellants.

Womble Carlyle Sandridge & Rice by Anthony H. Brett and Dale E. Nimmo, Winston-Salem, for defendants-appellants Forsyth County and Members of the Bd. of Com'rs of Forsyth County.

Thomas M. King, Salisbury, for defendants-appellants Berean Baptist Church, Trustees of Berean Baptist Church, and Cladie Gray Denny.


LEWIS, Judge.

This appeal addresses two separate zoning amendments. The assignments of error for each of those rezonings are discussed separately below.

I: 1979 REZONING.

Plaintiffs submit a cross appeal which addresses the 1979 zoning amendment only. They contend that "this amendment constitutes an illegal spot zoning and therefore is invalid and void ab initio." Defendants allege that plaintiffs...

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