MESSER v. TOWN OF CHAPEL HILL

No. COA95-488.

479 S.E.2d 221 (1997)

Roger D. MESSER and William L. Hunt v. TOWN OF CHAPEL HILL.

Court of Appeals of North Carolina.

January 7, 1997.


Attorney(s) appearing for the Case

Robert H. Smith, Chapel Hill, Michael S. Davis, Elizabethtown, for plaintiff-appellant.

Poyner & Spruill, L.L.P. by S. Ellis Hankins, Raleigh, for defendant-appellee.


McGEE, Judge.

Although plaintiffs ask this Court to rule on the constitutionality of the November 1993 amendment to the zoning ordinance, the only issue properly before us is whether the trial court erred in granting defendant's motion to dismiss under N.C.R.Civ.P. 12(b)(6). Plaintiffs argue their complaint against the Town of Chapel Hill states a claim for relief, is ripe for adjudication and, therefore, the motion to dismiss should have been denied. We disagree...

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