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SIMPSON v. CITY OF CHARLOTTE

No. 9326SC268.

443 S.E.2d 772 (1994)

Vernon SIMPSON, Petitioner v. CITY OF CHARLOTTE, North Carolina, a municipal corporation; and Vulcan Materials Company, Respondents.

Court of Appeals of North Carolina.

June 7, 1994.

Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, P.A. by Russell J. Schwartz, Robert B. McNeill and Neil C. Williams, Charlotte, and Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr. and Grady Barnhill, Jr., Winston-Salem, for respondent-appellant Vulcan Materials Co.

Weinstein & Sturges, P.A. by T. LaFontine Odom, Sr., and George Daly, P.A. by George Daly and Sharon Samek, Charlotte, for petitioner-appellee Vernon Simpson.

WYNN, Judge.

On 23 September 1991 the City of Charlotte adopted a new zoning ordinance effective 1 January 1992. The new ordinance contained section 12.505 which allowed a quarry to be established in any zoning district, including residential districts, subject to certain requirements. Respondent Vulcan Materials Co. filed an application with the city's Building Standards Department for a permit for the construction and operation of a quarry on 112 acres of land zoned...

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