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COUNTY OF DURHAM v. ROBERTS

No. COA00-751.

551 S.E.2d 494 (2001)

COUNTY OF DURHAM v. Luther D. ROBERTS and Sheila C. Roberts, v. Kent Fogleman; Linda Fogleman; Ralph L. Emory; Tony A. Fogleman; Ardis Geddings; Gerald M. Kendrick; Judith W. Kendrick; Carla R. Wall, Steven B. Wall; and Daisy Wall.

Court of Appeals of North Carolina.

August 21, 2001.

Attorney(s) appearing for the Case

Lowell L. Siler, Durham, for plaintiff-appellee Durham County.

No brief filed for defendant-appellee Luther Roberts.

Thomas H. Stark, Research Triangle Park, for defendant-appellee Sheila Roberts.

The Brough Law Firm by Michael B. Brough and Pulley, Watson, King & Lischer by Richard N. Watson, Chapel Hill, for intervenors-appellants.

THOMAS, Judge.

Intervenors appeal a decision by the trial court that found soil extraction a legitimate farm purpose where the landowner planned to operate a horse farm for her family's enjoyment. Defendant, landowner Sheila Roberts, cross-appeals the trial court's finding that the operation in question constituted soil extraction within the meaning of the Durham County Ordinances.

For the reasons discussed herein, we affirm the trial court.

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