MASSEY v. CITY OF CHARLOTTE

No. COA00-905.

550 S.E.2d 838 (2001)

Bethanie C. MASSEY, et al., Petitioners, v. CITY OF CHARLOTTE and Albemarle Land Company, LLC, Respondents.

Court of Appeals of North Carolina.

August 7, 2001.


Attorney(s) appearing for the Case

Hewson Lapinel Owens, P.A., by H.L. Owens, Charlotte, for petitioners-appellees.

Robinson, Bradshaw & Hinson, P.A. by Frank E. Emory, Jr. and Stephen M. Cox, Albemarle Land Company, LLC; Robert E. Hagemann, Rock Hill, for respondent-appellant, City of Charlotte.


TYSON, Judge.

Albemarle Land Company, LLC ("ALC") and the City of Charlotte ("City") (collectively "respondents") appeal the entry of judgment in favor of Bethanie C. Massey, et. al ("petitioners") invalidating the City's approval of ALC's petition for re-zoning. We reverse.

I. Facts

On 18 June 1999, ALC filed an application with the City to re-zone approximately 42 acres of "R-3" residential property, to "CC", commercial center property...

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