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KEITH v. TOWN OF WHITE LAKE

No. COA05-408.

625 S.E.2d 587 (2006)

Tom J. KEITH, Plaintiff, v. TOWN OF WHITE LAKE, Defendant.

Court of Appeals of North Carolina.

February 7, 2006.

Attorney(s) appearing for the Case

The Yarborough Law Firm, by Garris Neil Yarborough, Fayetteville, for plaintiff-appellant.

Hester, Grady & Hester, P.L.L.C., by H. Clifton Hester, Elizabethtown, for defendant-appellee.

MARTIN, Chief Judge.

Plaintiff, Tom J. Keith, brought this action seeking a declaratory judgment voiding defendant Town's adoption of a zoning ordinance re-zoning two tracts of land owned by plaintiff. After the Town's motion to dismiss pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) was denied, both plaintiff and defendant Town moved for summary judgment. The motion was heard upon stipulated facts which, briefly...

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