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MESSER v. TOWN OF CHAPEL HILL

No. 72A97.

485 S.E.2d 269 (1997)

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

Supreme Court of North Carolina.

June 6, 1997.

Attorney(s) appearing for the Case

Robert A. Hassell, Hillsborough, and Lyman & Ash by Cletus P. Lyman and Michael S. Fettner, Philadelphia, PA, for plaintiff-appellants.

Cranfill, Sumner & Hartzog, L.L.P. by Susan K. Burkhart, Raleigh, for defendant-appellee.

PER CURIAM.

By this action, plaintiffs challenge the constitutionality of the rezoning by defendant-town of an undeveloped tract of land consisting of approximately 150 acres and located in the Laurel Hill area of Chapel Hill, a part of defendant-town's extraterritorial zoning and planning jurisdiction. Plaintiff William L. Hunt, now deceased and represented in this action by the executors of his estate, acquired the tract in 1937. Plaintiff Roger D.

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