CITY OF HIGH SHOALS v. VULCAN MATERIALS CO.

No. 9127SC176.

413 S.E.2d 294 (1992)

105 N.C. App. 424

CITY OF HIGH SHOALS, a Municipal Corporation, Plaintiff, v. VULCAN MATERIALS COMPANY; Gaston County; Donald E. Bailey; and James E. Thomason, Defendants.

Court of Appeals of North Carolina.

February 18, 1992.


Attorney(s) appearing for the Case

Wade W. Mitchem; and Whitesides, Robinson, Blue, Wilson and Smith by Terry Albright Kenny and Henry M. Whitesides, Gastonia, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice by H. Grady Barnhill, Jr., Roddey M. Ligon, Jr. and M. Elizabeth Gee, Winston-Salem; and Garland & Wren, P.A. by James B. Garland, Gastonia, for defendant-appellee Vulcan Materials Co.


WELLS, Judge.

Plaintiff presents three assignments of error to this Court on appeal. Plaintiff does not address its second assignment of error in its brief; therefore, it is deemed abandoned. N.C.R.App.P., Rule 28. In its remaining assignments, plaintiff first contends the trial court erred in granting Vulcan summary judgment on the ground that the forecast of evidence presented raised a genuine issue of fact as to whether Vulcan's quarrying activity was prohibited...

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