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SANDY MUSH v. RUTHERFORD COUNTY

No. COA06-68.

638 S.E.2d 557 (2007)

SANDY MUSH PROPERTIES, INC., and Florida Rock Industries, Inc., Plaintiffs, v. RUTHERFORD COUNTY, By and Through The RUTHERFORD COUNTY BOARD OF COMMISSIONERS, Defendant.

Court of Appeals of North Carolina.

January 2, 2007.

Attorney(s) appearing for the Case

Kennedy Covington Lobdell & Hickman, L.L.P., by Roy H. Michaux, Jr. and Ann M. Anderson, Charlotte, for Plaintiffs.

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

McGEE, Judge.

Sandy Mush Properties, Inc. (Sandy Mush) and Florida Rock Industries, Inc. (Florida Rock) (collectively Plaintiffs) and Rutherford County, by and through the Rutherford County Board of Commissioners (Defendant), appeal an order for summary judgment filed 7 December 2005. In its order for summary judgment, the trial court set forth the following procedural and factual history of the case, which the parties do not contest.

Sandy Mush owns a 180...

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