PAGE v. ROSCOE, LLC

No. COA97-286.

497 S.E.2d 422 (1998)

Daylene PAGE, Elsie Clay, Ada Farrar and James Laster, On Behalf of Themselves and All Persons Similarly Situated in the Community of Feltonsville, Wake County, North Carolina, Plaintiffs, v. ROSCOE, LLC, A Limited Liability Company, Dale C. Bone, In his Individual and Official Capacity, and the Town of Apex, Defendants.

Court of Appeals of North Carolina.

March 3, 1998.


Attorney(s) appearing for the Case

Conrad A. Airall, Raleigh, for plaintiffs-appellants.

Narron, Holdford, Babb, Harrison & Rhodes, P.A. by I. Joe Ivey and Henry C. Babb, Jr., Wilson, for defendants-appellees Roscoe, LLC and Dale C. Bone.


WALKER, Judge.

On 12 August 1994, defendant Roscoe, LLC (Roscoe) purchased approximately two acres of land in the Community of Feltonsville near the Town of Apex (the Town). On 3 January 1995, the Town approved a site plan submitted by Roscoe for the construction and operation of a propane gas bulk storage and distribution facility, which is a permitted use under the zoning ordinance. Thereafter, grading and site preparation was begun. This two acres of land was re...

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