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ULLA HISTORICAL PRES. SOC. v. ROWAN CNTY.

No. COA13-447.

754 S.E.2d 237 (2014)

MOUNT ULLA HISTORICAL PRESERVATION SOCIETY, INC., et al., Petitioners v. ROWAN COUNTY, Davidson County Broadcasting, Inc., Richard and Dorcas Parker, and Maurice E. and Mary Lee Parker, Respondents.

Court of Appeals of North Carolina.

February 18, 2014.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, Greensboro, by Thomas E. Terrell, Jr. and Elizabeth Brooks Scherer ; Kluttz, Reamer, Hayes, Randolph, Adkins & Carter, L.L.P., by Richard R. Reamer ; and Sherrill and Cameron, PLLC, by Carlyle Sherrill , Salisbury, for petitioner-appellees.

Parker Poe Adams & Bernstein LLP, Charlotte, by Anthony Fox and Benjamin Sullivan , for respondent-appellant Rowan County.

CALABRIA, Judge.

Respondent Rowan County ("the County") appeals from the trial court's order reversing the decision of the Rowan County Board of Commissioners ("the Board") to issue a conditional use permit ("CUP") to respondent Davidson County Broadcasting, Inc. ("DBCI") on the basis that the CUP application was barred by the doctrines of res judicata and collateral estoppel. We affirm.

I. Background

On 18 January 2005, DCBI applied...

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