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HOPKINS v. NASH COUNTY

No. COA01-378.

560 S.E.2d 592 (2002)

Daryl HOPKINS and Danny Ray Peele, Petitioners-Appellants, v. NASH COUNTY and the Nash County Board of Adjustment, Respondents-Appellees.

Court of Appeals of North Carolina.

March 19, 2002.

Attorney(s) appearing for the Case

The Brough Law Firm, by Robert E. Hornik, Jr., Chapel Hill, for petitioners-appellants.

Poyner & Spruill L.L.P., by Richard J. Rose and Gregory S. Camp, Rocky Mount, for respondents-appellees.

BRYANT, Judge.

This is the case of a stump dump denied. Petitioners, Daryl Hopkins and Danny Ray Peele, applied for a special use permit from the Nash County Board of Adjustment (Board) to use land zoned for A-1 agricultural purposes as a clay borrow pit and land clearing and inert debris [LCID] landfill. The function of a clay borrow pit is to mine clay from the pit and move it to an off-site location. The pit can then be filled with tree stumps and limbs (thus,...

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