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HARVEY FERTILIZER & GAS CO. v. PITT COUNTY

No. COA01-1330.

568 S.E.2d 923 (2002)

HARVEY FERTILIZER AND GAS CO., Plaintiff, v. PITT COUNTY and The Pitt County Board of Commissioners, Defendants, v. Roger McIntyre, Judith Hunt, Joseph Kelly, Barbara Kelly, Wayne Clift, Hazel Clift, James A. Manning, Clemon A. Thomas, Brenda Thomas, George M. Worsley, Patricia A. Worsley, Floyd Sneed, Emma Sneed, Frances Whitfield, A.J. Thomas, Annie Thomas, Mary Hines and Mary Bunns, Intervenor-Defendants.

Court of Appeals of North Carolina.

September 17, 2002.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Lance P. Martin and A. Charles Ellis, Greenville, for plaintiff-appellee.

Charles L. McLawhorn, Jr.; and Land Loss Prevention Project, by Marcus Jimison and Katherine Carpenter, Greenville, for intervenor-defendants.

McGEE, Judge.

Harvey Fertilizer and Gas Co. (plaintiff) filed a complaint on 16 May 2001 seeking a declaratory judgment that plaintiff had a vested right to complete its cotton gin project and a permanent injunction enjoining Pitt County and the Pitt County Board of Commissioners (Board of Commissioners) from enforcing a zoning ordinance and moratorium affecting the completion of the project. Plaintiff also requested a...

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