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CARDWELL v. SMITH

No. 9121SC457.

415 S.E.2d 770 (1992)

106 N.C. App. 187

James D. CARDWELL and wife, Elva R. Cardwell, J.V. Bodenheimer and wife, Peggy Bodenheimer, A. Leolin Sells and wife, Naomi W. Sells, Robert F. 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., and Martin Marietta Aggregates, an operating unit of Martin Marietta Corporation, Defendants.

Court of Appeals of North Carolina.

May 5, 1992.

Attorney(s) appearing for the Case

Hutchins, Tyndall, Doughton & Moore by Claude M. Hamrick, Thomas W. Moore, Jr., and Maureen T. Orbock, Winston-Salem, for plaintiffs, appellants.

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

P. Eugene Price, Jr., Winston-Salem, for defendant, appellee Aubrey Smith.

HEDRICK, Chief Judge.

The only question presented by this appeal is whether the amendment to the Zoning Ordinance adopted by the Forsyth County Commissioners on 11 May 1987 applied to defendant Salem Stone so as to preclude defendant from operating a quarry on the property in question pursuant to a previously obtained, valid special use permit.

The courts of this state have long recognized that "[a] zoning ordinance ... is in derogation of the right of private...

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