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KERIK v. DAVIDSON COUNTY

No. COA00-660.

551 S.E.2d 186 (2001)

Robert KERIK and wife, Betty Kerik; Felix Hege; Ronald L. Musgrave and wife, Christine Musgrave; James V. Busick; Don Brannock and wife, Mae C. Brannock; and Davidson County Neighbors Coalition, Plaintiffs, v. DAVIDSON COUNTY; George F. Sowers and wife, Dorothy B. Sowers; Foltz Enterprises; Fred C. Sink; Jeff Cecil; Billy Joe Kepley; Brown Loftin; Fred D. McClure; Larry W. Potts; D. Reid Sink, Jr., Members of the Board of Commissioners of Davidson County, Defendants.

Court of Appeals of North Carolina.

August 7, 2001.

Attorney(s) appearing for the Case

Roberson Haworth & Reese, P.L.L.C., by William P. Miller, High Point, for plaintiff-appellees.

Blanco Tackabery Combs & Matamoros, P.A., by Reginald F. Combs, Winston-Salem, for defendant-appellees George F. Sowers and wife Dorothy B. Sowers and Foltz Enterprises.

Biesecker, Tripp, Sink & Fritts, L.L.P., by Joe E. Biesecker, Lexington, for defendant-appellants Davidson County and the Board of Commissioners of Davidson County.

HUNTER, Judge.

Davidson County appeals from the trial court's judgment declaring the rezoning of certain property owned or subject to an option to purchase by George Sowers (hereinafter "Sowers' property") void. On appeal, the primary issue for this Court to determine is whether Davidson County's amendment of its Zoning Ordinance, which in essence rezoned Sowers' property, is in fact void. After a careful review of the record and briefs, we reverse the trial court...

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