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BROWNING-FERRIS INDUS. OF SOUTH ATLANTIC, INC. v. GUILFORD CTY. BD. OF ADJUSTMENT

No. COA96-750.

484 S.E.2d 411 (1997)

BROWNING-FERRIS INDUSTRIES OF SOUTH ATLANTIC, INC., Petitioner v. GUILFORD COUNTY BOARD OF ADJUSTMENT and Kay Chemical Company, Endura Products, Inc., Foundation Services, Inc., GBA Systems, Golden State Foods Corp., and P.M. Tube & Specialty, Inc., Charles and Catherine Mears, Louise J. Rice, Mrs. Clinton R. Tucker and Larry E. Tucker, Respondents.

Court of Appeals of North Carolina.

May 6, 1997.

Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by Richard E. Glaze, Stephen R. Berlin, and Donald M. Nielsen, Winston-Salem, for petitioner-appellant.

Office of the Guilford County Attorney by Jonathan V. Maxwell, and J. Edwin Pons, Greensboro; Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Jim W. Phillips, Jr., William G. Ross, and John R. Archambault, Greensboro; and Patton Boggs, L.L.P. by James S. Schenck, IV, Greensboro, for respondent-appellees.

GREENE, Judge.

Browning-Ferris Industries of South Atlantic, Inc. (BFI) appeals the Superior Court's 11 April 1996 order (order) affirming the Guilford County Board of Adjustment's (Board) decision that the 23 March 1995 amendment (amendment) to the Guilford County Development Ordinance (Ordinance) requiring special use permits for transfer stations1 on property zoned Heavy Industrial (HI) applies...

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