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TRI COUNTY PAVING, INC. v. ASHE COUNTY

No. 01-1931.

281 F.3d 430 (2002)

TRI-COUNTY PAVING, INCORPORATED, Plaintiff-Appellant, v. ASHE COUNTY; Ashe County Board of Commissioners, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 2002.

Attorney(s) appearing for the Case

ARGUED: Donald Merritt Nielsen, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant. James Redfern Morgan, Jr., Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellees. ON BRIEF: Stephen R. Berlin, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant.

Before WILKINSON, Chief Judge, and WILKINS and LUTTIG, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

OPINION

WILKINSON, Chief Judge.

Plaintiff Tri-County Paving, Inc. ("TCP") claims that Ashe County, North Carolina and the Ashe County Board of Commissioners (collectively "the County") violated its due process and equal protection rights by not issuing a building permit for TCP's proposed asphalt plant, by enacting a one-year moratorium...

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