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FIVE C'S, INC. v. COUNTY OF PASQUOTANK

No. COA08-771.

672 S.E.2d 737 (2009)

FIVE C'S, INC., Plaintiff, v. COUNTY OF PASQUOTANK, Defendant.

Court of Appeals of North Carolina.

February 17, 2009.

Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland, L.L.P., by Benjamin M. Gallop and John D. Leidy, Elizabeth City, for plaintiff-appellant.

The Twiford Law Firm, P.C., by John S. Morrison and T. Taylor Manning, Moyock, for defendant-appellee.

HUNTER, JR., Robert N., Judge.

Five C's, Inc. ("plaintiff") appeals from judgment entered, which granted the County of Pasquotank's ("the County") motion for summary judgment. We reverse.

I. Background

On 17 August 1992, the County adopted an Ordinance To Provide for Allowable Manufactured/Mobile Home Units ("the Ordinance") "under the authority of Chapter 153A-121 of the General Statutes of North Carolina." The Ordinance's purpose was "to...

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