321 NEWS v. ZONING BD. OF ADJUSTMENT

No. COA04-1521.

619 S.E.2d 885 (2005)

321 NEWS & VIDEO, INC., Petitioner, v. The ZONING BOARD OF ADJUSTMENT for the City of Gastonia and The City of Gastonia, North Carolina, Respondents.

Court of Appeals of North Carolina.

October 18, 2005.


Attorney(s) appearing for the Case

Joseph L. Ledford, Charlotte, for petitioner-appellant.

Office of the Gastonia City Attorney, by Assistant City Attorneys Melissa A. Magee and L. Ashley Smith, for respondent-appellee.


STEELMAN, Judge.

Petitioner, 321 News & Video, Inc., operates an adult bookstore located in Gastonia, North Carolina. On 19 July 1994, respondent, the City of Gastonia (City), adopted an adult establishment zoning ordinance, Section 17-92(61)(d), which imposed a 500-foot separation requirement between adult establishments and certain enumerated uses. These uses included: schools, public parks, playgrounds, libraries...

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