THRASH L.P. v. COUNTY OF BUNCOMBE

No. COA08-229.

673 S.E.2d 689 (2009)

THRASH LIMITED PARTNERSHIP and Lott Partnership II, Plaintiffs, v. The COUNTY OF BUNCOMBE, Defendant.

Court of Appeals of North Carolina.

March 17, 2009.


Attorney(s) appearing for the Case

The Van Winkle Law Firm, by Albert L. Sneed, Jr., Asheville, for plaintiff-appellant.

County Attorney Joseph A. Connolly, and Assistant County Attorney Michael C. Frue for defendant-appellee.


STEELMAN, Judge.

Where plaintiff is a landowner within the county affected by the zoning ordinance, plaintiff has standing to contest the procedural enactment of the ordinance. Where the zoning ordinance was not adopted in accordance with statutory requirements, the ordinance is invalid.

I. Factual and Procedural Background

Plaintiff Lott Partnership II is a North Carolina Limited Partnership which owns a parcel of land in defendant Buncombe...

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