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HUNTINGTON PROPERTIES v. CURRITUCK COUNTY

No. COA01-884.

569 S.E.2d 695 (2002)

HUNTINGTON PROPERTIES, LLC, a Michigan Limited Liability Corporation, and Carolina Village, LLC, a Michigan Limited Liability Corporation, Plaintiffs, v. CURRITUCK COUNTY, Eldon L. Miller, Jr., S. Paul O'Neal, Ernie Bowden, Gene A. Gregory and J. Owen Etheridge, in their official capacities, Defendants.

Court of Appeals of North Carolina.

October 1, 2002.

Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore, L.L.P., by Thomas E. Terrell, Jr., and Neale T. Johnson, Greensboro, for plaintiff-appellants.

Poyner & Spruill, by Robin L. Tatum and Kacey C. Sewell, Raleigh, for defendant-appellees.

McCULLOUGH, Judge.

This case arises from a declaratory judgment action, the pertinent facts of which are as follows: In July 1995, Dutch Key Corporation (Dutch Key) purchased Orchard Park, a 90-acre mobile home park in Currituck County, North Carolina. Orchard Park was constructed in 1972 and was approved to accommodate 440 mobile homes on the land, including pads, sewer, water, and electrical connections. At the time Orchard Park opened, it was a permitted use under...

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