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TONTER INVESTMENTS v. PASQUOTANK COUNTY

No. COA08-1057.

681 S.E.2d 536 (2009)

TONTER INVESTMENTS, INC., Plaintiff, v. PASQUOTANK COUNTY, Defendant.

Court of Appeals of North Carolina.

September 1, 2009.

Attorney(s) appearing for the Case

The Brough Law Firm, by Michael B. Brough, Chapel Hill, for plaintiff.

Poyner Spruill, LLP, by Robin Tatum Currin and R. Michael Cox, Raleigh, for defendant.

James B. Blackburn, III, Raleigh, for amicus curiae North Carolina Association of County Commissioners.

ELMORE, Judge.

This case concerns three separate tracts of land in Pasquotank County (defendant) that were purchased by Tonter Investments, Inc. (plaintiff), in March and July 2007. Soon thereafter, defendant passed several ordinances that resulted in plaintiff not being able to build residences on any of the lots. Defendant argues that this particular application of defendant's zoning power is an attempt to circumvent certain exemptions given by the State Legislature...

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