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APAC-ATLANTIC, INC. v. CITY OF SALISBURY

No. COA10-591.

709 S.E.2d 390 (2011)

APAC-ATLANTIC, INC., Petitioner, v. CITY OF SALISBURY, City of Salisbury Zoning Board of Adjustment, and David Phillips, in his capacity as Zoning Administrator, Respondents.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

Nexsen Pruet, PLLC, Greensboro, by M. Jay DeVaney , Eric H. Biesecker , and Brian T. Pearce , for petitioner-appellant.

Brooks Pierce McLendon Humphrey & Leonard, LLP, Greensboro, by Darrell A. Fruth and V. Randall Tinsley , for respondents-appellees.

MARTIN, Chief Judge.

Petitioner APAC-Atlantic, Inc. appeals from the superior court's order affirming the decision of respondent City of Salisbury Zoning Board of Adjustment ("the Board") to deny approval of petitioner's site plan for renovation of its asphalt plant. The following evidence was presented at the Board meeting.

Petitioner operates a hot-mix asphalt plant on its property located at 1831 Jake Alexander...

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