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MLC AUTOMOTIVE v. TOWN OF SOUTHERN PINES

No. COA09-433.

702 S.E.2d 68 (2010)

MLC AUTOMOTIVE, LLC; and Leith of Fayetteville, Inc., Plaintiffs, v. TOWN OF SOUTHERN PINES; the Southern Pines Town Council; and Frank Quis, David Woodruff, Fred Walden, Christopher Smithson and Michael Haney, Defendants.

Court of Appeals of North Carolina.

November 2, 2010.

Attorney(s) appearing for the Case

Poyner Spruill, LLP, Raleigh, by Cecil W. Harrison, Jr. and Chad W. Essick , Raleigh; and Currin & Currin, Raleigh, by Robin Tatum Currin , Raleigh, for plaintiffs.

Cranfill Sumner & Hartzog LLP, Raleigh, by Susan K. Burkhart , Raleigh, for defendants.

GEER, Judge.

This appeal arises out of a zoning dispute between plaintiffs, Leith of Fayetteville, Inc. and MLC Automotive, LLC, and defendants, the Town of Southern Pines ("the Town"), the Southern Pines Town Council, and individual Council members (Frank Quis, David Woodruff, Fred Walden, Christopher Smithson, and Michael Haney). Plaintiffs purchased a parcel of land in the Town and made initial preparations to develop it for use as an auto park, a use permitted...

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