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COVINGTON v. TOWN OF APEX

No. 9110SC930.

423 S.E.2d 537 (1992)

108 N.C. App. 231

Elizabeth R. COVINGTON, William John Evans, Jr., Laura M. Grimes, Nancy L. Gutske, Lonnie D. Hedrick, Tracey S. Hedrick, Lynn C. Howell, Nancy L. Hughes, William J. Hughes, Doris B. Seymour, David P. Trueblood, Jacob Van Kretschmar, and Teresa Van Kretschmar, Appellees, v. The TOWN of APEX; Clarice D. Atwater, Michael Jones, Everett M. Edwards, Jr. and Jack H. Kerley, as Members of the Town of Apex Board of Commissioners; and C & D Investment Company, Inc., Appellants.

Court of Appeals of North Carolina.

December 15, 1992.

Attorney(s) appearing for the Case

Grimes and Teich by S. Janson Grimes, Asheville, for plaintiffs-appellees.

Holleman and Stam by Henry C. Fordham, Jr., Apex, for defendants-appellants.

JOHNSON, Judge.

On 26 March 1990, C & D Investment Company, Inc. (hereinafter C & D) petitioned the Town of Apex to rezone the property located at 212 S. Salem Street, Apex, N.C. from Office & Institutional-1 to Conditional Use Business-2. The rezoning was sought to permit electronic assembly by a prospective tenant, A & E Electronic, Inc. (hereinafter A & E), within the former post office building located on the subject property.

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