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BUDD v. DAVIE COUNTY

No. 9322SC897.

447 S.E.2d 449 (1994)

Richard BUDD, Plaintiff, v. DAVIE COUNTY; Glen Howard: Diane Foster: J.C. Cleary; Bert Bahnson and Spurgeon Foster, Jr., Members of the Board of Commissioners for Davie County; Virginia Walker and Frank Walker, Defendants.

Court of Appeals of North Carolina.

September 6, 1994.

Attorney(s) appearing for the Case

Thomas M. King, Salisbury, for plaintiff-appellant.

Burns & Price by Robert E. Price, Jr., Winston-Salem and Pope, McMillan, Gourley, Kutteh & Simon, P.A. by William P. Pope and Lillian D. Michaels, Slatesville, for defendants-appellees.

ORR, Judge.

This is an action by plaintiff for a declaratory judgment in which plaintiff sought a declaration that a zoning amendment to the Davie County Zoning Ordinance was invalid. The sole issue presented by this appeal is whether the trial court erred in granting defendants' motion for summary judgment and denying plaintiff's motion for summary judgment. Based on our holding below that the amendment constituted an illegal spot zoning, we find that the trial court...

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