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APPALACHIAN MATERIALS v. WATAUGA COUNTY

No. COA18-188.

822 S.E.2d 57 (2018)

APPALACHIAN MATERIALS, LLC, Petitioner, v. WATAUGA COUNTY, A North Carolina County, Respondent, and Terry Covell, Sharon Covell and Blue Ridge Environmental Defense League, Inc., d/b/a High Country Watch, Intervenors.

Court of Appeals of North Carolina.

Filed: November 6, 2018.

Attorney(s) appearing for the Case

Moffatt & Moffatt, PLLC, Boone, by Tyler R. Moffatt , for petitioner-appellant.

Di Santi Watson Capua Wilson & Garrett, PLLC, Boone, by Chelsea Bell Garrett , for respondent-appellee.

This case requires us to construe a single provision of a Watauga County land use ordinance prohibiting the construction of an asphalt plant within 1,500 feet of an "educational facility." Although this appeal arises in the zoning context, the resolution of this issue provides this Court with an opportunity to reiterate fundamental...

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