SCHWARZ PROPERTIES v. TOWN OF FRANKLINVILLE

No. COA09-1446.

693 S.E.2d 271 (2010)

SCHWARZ PROPERTIES, LLC, Plaintiff, v. TOWN OF FRANKLINVILLE, Defendant.

Court of Appeals of North Carolina.

June 1, 2010.


Attorney(s) appearing for the Case

Benjamin Spence Albright, Ramseur, for plaintiff-appellant.

Little & Little, P.L.L.C., by Cathryn M. Little, Raleigh, for defendant-appellee.


BRYANT, Judge.

On 13 April 2009, plaintiff Schwarz Properties, LLC, sought a declaration that various zoning ordinances enacted by defendant Town of Franklinville were void, damages to recover expenditures and for loss of income, and a temporary restraining order ("TRO"). On 28 April 2009, the trial court issued a TRO enjoining defendant from rejecting applications to place mobile homes on properties on the basis of the contested ordinances. In May 2009, defendant...

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