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ASHE COUNTY v. ASHE COUNTY PLANNING BD.

No. COA18-253.

829 S.E.2d 224 (2019)

ASHE COUNTY, North Carolina, Petitioner, v. ASHE COUNTY PLANNING BOARD and Appalachian Materials, LLC, Respondents.

Court of Appeals of North Carolina.

Filed: May 21, 2019.

Attorney(s) appearing for the Case

Womble Bond Dickinson (US) LLP, Raleigh, by John C. Cooke , for Ashe County, North Carolina, Petitioner-Appellant.

Poyner Spruill LLP, Raleigh, by Chad W. Essick , Keith H. Johnson , and Colin R. McGrath , for Appalachian Materials, LLC, Respondent-Appellee.

Appalachian Materials, LLC ("Appalachian Materials"), filed an application for a permit to operate an asphalt plant in Ashe County (the "County"). Its permit was initially denied by the County's Planning Director. However, the County's Planning Board reversed the Planning Director's decision, directing that the permit be issued. The...

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