DURHAM COUNTY v. GRAHAM

No. COA07-1158.

663 S.E.2d 467 (2008)

DURHAM COUNTY, Plaintiff, v. Lynn E. GRAHAM and Felicia Lennon Graham, Defendants.

Court of Appeals of North Carolina.

August 5, 2008.


Attorney(s) appearing for the Case

Office of the County Attorney, by Durham County Attorney S.C. Kitchen for plaintiff-appellant.

Roberti, Wittenberg, Lauffer, & Wicker, P.A., by Samuel Roberti, Durham, for defendant-appellees.


HUNTER, Judge.

Durham County ("plaintiff") appeals from the trial court's order dismissing without prejudice its prayer for mandatory injunctive relief against Lynn E. Graham and Felicia Lennon Graham ("defendants") on 9 March 2007. After careful consideration, we affirm in part and reverse in part.

On 27 August 2004, defendants obtained approval from plaintiff for a Land Disturbing Permit for property they owned-allowing defendants to use part of the property...

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