CARROLL v. CITY OF KINGS MOUNTAIN

No. COA07-1330.

666 S.E.2d 814 (2008)

Glenn CARROLL, Petitioner, v. CITY OF KINGS MOUNTAIN, Dean Spears, Houston Corn, Howard Shipp, Mike Butler, Jerry Mullinax, Rodney Gordon, and Keith Miller, in their capacity as City Council members in the City of Kings Mountain, and Rick Murphrey in his capacity as Mayor for the City of Kings Mountain, Robert Bazzle, Respondents.

Court of Appeals of North Carolina.

October 7, 2008.


Attorney(s) appearing for the Case

Arthurs & Foltz, by Douglas P. Arthurs, Gastonia, for petitioner appellee.

Stott, Hollowell, Palmer & Windham, L.L.P., by Martha Raymond Thompson and David W. Aycock, Gastonia, for respondent appellants.

Corry & Luptak, by Clayward C. Curry, Jr., for City of Kings Mountain, Kings Mountain, respondent appellant.


McCULLOUGH, Judge.

On 27 September 2005, after proper notice and a public hearing, the Kings Mountain City Council ("the Council") rezoned Glenn Carroll's ("Mr. Carroll") property located at 605 North Piedmont Avenue ("Mr. Carroll's property") to General Business ("GB"). There was no appeal or petition for judicial review filed with respect to the 27 September 2005 zoning of Mr. Carroll's property.

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