WEINMAN ASSO. v. TOWN OF HUNTERSVILLE

No. COA00-1257.

555 S.E.2d 342 (2001)

MICHAEL WEINMAN ASSOCIATES GENERAL PARTNERSHIP, Plaintiff, v. TOWN OF HUNTERSVILLE, North Carolina, Defendant.

Court of Appeals of North Carolina.

November 20, 2001.


Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, L.L.P., by Roy H. Michaux, Jr. and John H. Carmichael, Charlotte, for plaintiff-appellant.

Buckley, McMullen & Buie, P.A., by Charles R. Buckley III; and Parham, Helms, Harris, Blythe & Morton, by Robert B. Blythe, Charlotte, for defendant-appellee.


WALKER, Judge.

Plaintiff initiated this action on 13 September 1999 seeking a declaratory judgment ordering that a zoning ordinance adopted by defendant be declared null and void. Following discovery, both parties moved for summary judgment. After a hearing, the trial court granted defendant's motion.

The facts of this case are not in dispute. In April 1988, plaintiff acquired a 168.098-acre parcel of land (property) located at the intersection of Beatties...

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