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DAVIDSON COUNTY BROADCAST. v. ROWAN COUNTY

No. COA06-1444.

649 S.E.2d 904 (2007)

DAVIDSON COUNTY BROADCASTING, INC., and Richard and Dorcas Parker, Petitioners v. ROWAN COUNTY BOARD OF COMMISSIONERS, Respondent, Mt. Ulla Historical Preservation Society, and Interested Citizens, Prospective-Alternative Cross Petitioner.

Court of Appeals of North Carolina.

September 18, 2007.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Derek J. Allen, Greensboro, for Petitioner-Appellants.

Kluttz, Reamer, Hayes, Randolph, Adkins & Carter, L.L.P. by Richard R. Reamer, Salisbury, for Cross-Petitioner Appellee.

Parker, Poe, Adams & Bernstein, L.L.P. by Anthony Fox, Charlotte, for Respondent-Appellee.

STROUD, Judge.

Petitioners Davidson County Broadcasting, Inc., and Richard and Dorcas Parker instituted this action against respondent Rowan County Board of Commissioners to review respondent's denial of petitioners' application for a conditional use permit to construct a 1,350 foot radio broadcast tower on Richard and Dorcas Parkers' property in Rowan County, North Carolina. In this appeal, we must consider both whether Rowan County is precluded from regulating air...

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