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LAND v. VILLAGE OF WESLEY CHAPEL

No. COA09-1465.

697 S.E.2d 458 (2010)

Michael R. LAND, Petitioner, v. The VILLAGE OF WESLEY CHAPEL and the Board of Adjustment of the Village of Wesley Chapel, Respondents.

Court of Appeals of North Carolina.

August 3, 2010.

Attorney(s) appearing for the Case

The Helms Law Firm, PLLC, Monroe, by W. Tate Helms, for petitioner appellee.

Hamilton Moon Stephens Steele & Martin, PLLC, Charlotte, by Keith J. Merritt and Rebecca K. Cheney, for the Village of Wesley Chapel respondent appellants.

Shumaker, Loop & Kendrick, LLP, Charlotte, by William H. Sturges, for The Board of Adjustment of the Village of Wesley Chapel respondent appellants.

HUNTER, JR., ROBERT N., Judge.

The Village of Wesley Chapel and its Board of Adjustment (collectively the "Village"), appeal an order reversing the Village's decision to prohibit Dr. Michael R. Land ("Dr. Land") from using a shooting range on his private property. The Village contends that Dr. Land's use of the shooting range has been and continues to be unlawful because the shooting range was unauthorized by zoning laws existent at the time the shooting range was...

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