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MARRIOTT v. CHATHAM COUNTY

No. COA07-326.

654 S.E.2d 13 (2007)

Thomas Robert MARRIOTT, Alice Banks Yeaman, John A. Wagner, Anita J. Sarbo, Timothy Morgan, Jerry L. Markatos, Joseph W. Jacob, Nancy Banks, Rachel Wilfert, Robert Graham, Patricia Kenlan, Elaine C. Chiosso, John W. Brooks, Deborah Wechsler, David Peterson, Judith Peterson, Anne R. Flash, William Flash, Karen Strazza Moore and William Moore, Plaintiffs, v. CHATHAM COUNTY, A North Carolina County and a Body Corporate and Politic; Members of the Chatham County Board of Commissioners, in their Official Capacities: Bunkey Morgan, Chair; Tommy Emerson, Vice-Chair; Patrick Barnes; Allen Michael Cross; Carl H. Outz; Members of the Chatham County Planning Board, in their Official Capacities: Charles Eliason, Chair; Mark McBee, Vice-Chair; Paul McCoy; Martin Mason; Mary Nettles; Evelyn Cross; Sally Kost; Chris Walker; Clyde Harris; and Cecil Wilson, Defendants, and Polk-Sullivan, LLC, Chatham Partners, LLC, and Robert D. Swain, Defendant-Intervenors.

Court of Appeals of North Carolina.

December 4, 2007.

Attorney(s) appearing for the Case

Lewis, Anderson, Phillips & Hinkle, PLLC by J. Dickson Phillips, III Chapel Hill, for plaintiffs-appellants.

Gunn & Messick, LLP by Paul S. Messick, Jr., Pittsboro, for defendants-appellees.

Kilpatrick Stockton, LLP by Hayden J. Silver, III and Betsy Cooke, Raleigh, for defendant intervenor-appellees.

STEELMAN, Judge.

When plaintiffs seek a remedy which the court is without the authority to grant, plaintiffs do not have standing to pursue the claim.

I. Factual Background

Plaintiffs-appellants (plaintiffs) are landowners in Chatham County whose properties are adjacent to several large tracts of land proposed for residential development along the banks of the Haw River. Defendants-appellees (defendants) are Chatham County, members of the...

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