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THRASH LTD. PARTNERSHIP v. COUNTY OF BUNCOMBE

No. COA08-327.

673 S.E.2d 706 (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.

William F. Slawter, PLLC, by William F. Slawter, Asheville, and Assistant County Attorney Michael C. Frue, for defendant-appellee.

STEELMAN, Judge.

Where a zoning ordinance amendment was not adopted in accordance with Buncombe County's own zoning ordinance procedures, the amendment is invalid.

I. Factual and Procedural Background

Plaintiff Lott Partnership II is a North Carolina Limited Partnership which owns a parcel of land in eastern Buncombe County. Plaintiff Thrash Limited Partnership sold its land during the pendency of this action and the action is moot as to Thrash...

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