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TOWN OF PINEBLUFF v. MARTS

No. COA08-434.

673 S.E.2d 740 (2009)

TOWN OF PINEBLUFF, Plaintiff, v. William A. MARTS and Sandra Marts, Defendants.

Court of Appeals of North Carolina.

March 17, 2009.

Attorney(s) appearing for the Case

The Brough Law Firm, by William C. Morgan, Jr. and Michael B. Brough, Asheville, for plaintiff-appellee.

Michael G. Walsh, Whispersing Pines, for defendants-appellants.

GEER, Judge.

Defendants William A. and Sandra Marts appeal from the trial court's order granting summary judgment to the Town of Pinebluff and issuing an injunction requiring the Marts to comply with the Town's zoning ordinance and maintain a mini-park and open space in a subdivision they developed. The bulk of the Marts' arguments on appeal constitute a collateral attack on the zoning ordinance and, therefore, were not properly raised as a defense to the Town's action...

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