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ECOPLEXUS INC. v. COUNTY OF CURRITUCK

No. COA17-656.

809 S.E.2d 148 (2017)

ECOPLEXUS INC., Fresh Air Energy II, LLC and Currituck Sunshine Farm, LLC, Petitioners, v. COUNTY OF CURRITUCK, BOARD OF COMMISSIONERS, and David L. Griggs, in his official capacity as Chairman of the Board of Commissioners, and O.Vance Aydlett, Jr., S. Paul O'Neal, Mike D. Hall, Mike H. Payment, Paul M. Beaumont, and Marion Gilbert, in their official capacities as members of the Board of Commissioners of the County of Currituck, Respondents, and Steven P. Fentress, Donald Leon Proffitt, Gail Lynn Proffitt, James J. Wierzbicki, Margaret Geraldine Newsome, David L. Rice, Linda L. Rice, Randy L. Mills, Roy W. Tate, Kathy C. Tate, Fidel C. Escobar, Laura Darden and Michelle Lynn Cunningham, Intervenor-Respondents.

Court of Appeals of North Carolina.

Filed: December 19, 2017.

Attorney(s) appearing for the Case

Tuggle Duggins P.A., by Michael S. Fox , Greensboro, Benjamin P. Hintze and Jaye E. Bingham-Hinch , for petitioner-appellants.

Currituck County Attorney Donald I. McRee, Jr. , for respondent-appellees.

Ecoplexus, Inc., Fresh Air Energy II, LLC, and Currituck Sunshine Farm, LLC ("Petitioners") appeal from an order affirming the decision of the Currituck County Board of Commissioners ("the Board") to deny Petitioners' application for a use permit to construct a solar energy array farm. We reverse and remand.

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