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SANDY MUSH PROPERTIES v. RUTHERFORD COUNTY

No. COA02-1587.

586 S.E.2d 849 (2003)

SANDY MUSH PROPERTIES, INC., Plaintiff, (Hanson Aggregates Southeast, Inc., Former Plaintiff), v. RUTHERFORD COUNTY By and Through the RUTHERFORD COUNTY BOARD OF COMMISSIONERS, Defendants.

Court of Appeals of North Carolina.

October 21, 2003.

Attorney(s) appearing for the Case

Bazzle & Carr, P.A., by Eugene M. Carr, III, Hendersonville, for plaintiff-appellant.

Sigmon, Clark, Mackie, Hutton, Hanvey, & Ferrell, P.A., by Warren A. Hutton and Forrest A. Ferrell, Hickory; Nanney, Dalton & Miller, L.L.P., by Walter H. Dalton and Elizabeth Thomas Miller, Rutherfofd, for defendant-appellee.

HUNTER, Judge.

Sandy Mush Properties, Inc. ("plaintiff") appeals an order denying its Motion for Summary Judgment and Motion to Amend Complaint; and granting Rutherford County's ("the County"), by and through the County Board of Commissioners ("the Board") (collectively "defendants"), Motion for Summary Judgment. For the reasons stated herein, we reverse.

On 21 June 2001, defendants ran a legal advertisement in The Daily Courier, a newspaper of general...

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