SANDY MUSH PROPERTIES v. RUTHERFORD COUNTY

No. COA02-1587-2.

595 S.E.2d 233 (2004)

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.

May 4, 2004.


Attorney(s) appearing for the Case

Bazzle & Carr, P.A., by Eugene M. Carr, III, Kennedy, Covington, Lobdell & Hickman, L.L.P., by Lacy H. Reaves and Amie Flowers Carmack, Hendersonville, for plaintiff-appellant.

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


HUNTER, Judge.

An opinion was filed in this case on 21 October 2003. On 25 November 2003, defendants filed a petition for rehearing. On 5 December 2003, we allowed that petition, reconsidering the case with the filing of additional briefs, and the hearing of oral arguments on 14 January 2004. The following opinion supersedes and replaces the opinion filed 21 October 2003.

Sandy Mush Properties, Inc. ("plaintiff") appeals an order denying its Motion for Summary...

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