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FRIENDS OF MT. VER. SPRINGS v. SILER CITY

No. COA07-1484.

660 S.E.2d 657 (2008)

FRIENDS OF MT. VERNON SPRINGS, INC., Alan A. Rosenbloom, Elizabeth A. Dixon, Vonnell Palmer, and Misty Batten, Petitioners, v. TOWN OF SILER CITY, Charles L. Turner, in his capacity as Mayor, and Tony Siler, James Larry Cheek, Patricia Perry, John F. Grimes, III, Sam P. Adams, Jr., Helen Buckner, and Guy D. Smith, in their capacity as members of the Town Board of Commissioners, Respondents, and ISP Minerals, Inc., Respondent-Intervenor.

Court of Appeals of North Carolina.

May 20, 2008.

Attorney(s) appearing for the Case

John D. Runkle, Chapel Hill, for petitioner-appellants.

The Brough Law Firm, by William C. Morgan, Jr., Asheville, for respondent-appellees.

No brief filed for respondent-intervenor.

TYSON, Judge.

Friends of Mt. Vernon Springs, Inc., Alan A. Rosenbloom, Elizabeth A. Dixon, Vonnell Palmer, and Misty Batten (collectively, "petitioners") appeal from order entered, which: (1) denied petitioners' motion for summary judgment; (2) granted the Town of Siler City's ("the Town") and the Town of Siler City Board of Commissioners's ("the Board") (collectively, "respondents") motion for summary judgment; and (3...

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