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NORTH IREDELL NEIGHBORS v. IREDELL COUNTY

No. COA08-1068.

674 S.E.2d 436 (2009)

NORTH IREDELL NEIGHBORS FOR RURAL LIFE, Jerry O. Mishoe, Rebecca Mishoe, Bryan Edward Leach, Sherlene Nina Leach, William B. Pitt, Lucinda D. Pitt, Dwight R. Bridges, Juanita Bridges, Barry D. Mason, Randa J. Mason, Franklin D. Reavis, Amy L. Reavis, Ashley Dean Reavis, Robert E. Reavis, Jane Reavis, Rickey Eugene Reavis, Cynthia Reavis, Robert Louis Taylor, Carroll Eugene Ward, Nancy Ward, Steve Kenneth Somers as trustee for the Steve Kenneth Somers Revocable Living Trust, Donna S. Somers as trustee for the Donna S. Somers Revocable Living Trust, and Lorrie E. Marion Barker, Plaintiffs, v. IREDELL COUNTY, Harry Phillip McLain, Louise Duarte McLain, Charles Michael McLain, and Janet Hewitt McLain, Defendants.

Court of Appeals of North Carolina.

April 7, 2009.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC, by Kurt E. Lindquist II and Sarah L. Buthe, Charlotte, for plaintiff-appellants.

Pope McMillan Kutteh Privette Edwards & Schieck, PA, by Martha N. Peed and William H. McMillan, Statesville, for the McLains defendant-appellees.

Pope McMillan Kutteh Privette Edwards & Schieck, PA, by Martha N. Peed and William P. Pope, Statesville, for Iredell County defendant-appellee.

North Carolina Farm Bureau Federation, Inc., by Secretary and General Counsel H. Julian Philpott, Jr., and Associate General Counsel Stephen A. Woodson, Raleigh, amicus curiae.

HUNTER, JR., ROBERT N., Judge.

North Iredell Neighbors for Rural Life ("NINRL"), Jerry O. Mishoe, et seq. (collectively, "plaintiffs") appeal orders entered: (1) granting Iredell County's ("the County") motion for summary judgment against NINRL and (2) granting Harry Phillip McLain's, et seq. (collectively, "the McLains") motion for summary judgment against plaintiffs. Plaintiffs also appeal the trial court's denial of their motion for injunctive relief...

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