WALLY v. CITY OF KANNAPOLIS

No. 111PA11.

722 S.E.2d 481 (2012)

Fred WALLY, Lavon Benton, Randall Benton, Don Crowe, and George Martocchio v. CITY OF KANNAPOLIS.

Supreme Court of North Carolina.

March 9, 2012.


Attorney(s) appearing for the Case

Brough Law Firm, Chapel Hill, by T.C. Morphis, Jr. , for plaintiff-appellants.

Hamilton Stephens Steele & Martin, PLLC, Charlotte, by Keith J. Merritt and Rebecca K. Cheney , for defendant-appellee.


TIMMONS-GOODSON, J.

This case involves a dispute between the City of Kannapolis ("defendant"), which rezoned rural land to promote commercial development, and neighboring land owners ("plaintiffs"). At issue is whether defendant approved a statement of reasonableness as required by N.C.G.S. § 160A-383 when adopting the zoning amendment. We hold defendant did not approve such a statement, and therefore, the amendment is invalid. Accordingly, we reverse the opinion...

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