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ASHBY v. TOWN OF CARY

No. COA03-203.

588 S.E.2d 572 (2003)

Carlton S. ASHBY, Jr., Cora B. Ashby, and Ashby Furniture Galleries, Plaintiffs-Appellants v. The TOWN OF CARY, Defendant-Appellee.

Court of Appeals of North Carolina.

December 2, 2003.

Attorney(s) appearing for the Case

Morgan, Reeves & Gilchrist, by C. Winston Gilchrist, Lillington, for plaintiff-appellants.

The Brough Law Firm, by G. Nicholas Herman, Chapel Hill, for defendant-appellee.

WYNN, Judge.

By this appeal, Carlton S. Ashby and his wife, Cora B. Ashby, d/b/a Ashby Furniture Galleries ("the Ashbys"), challenge the trial court's summary judgment upholding the Town of Cary's denial of their rezoning application. After careful review, we affirm.

The underlying facts show that in 2000, the Ashbys owned a lot of approximately one acre on Walnut Street outside of the Town of Cary's jurisdiction. The Ashbys wanted to build a new furniture...

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