DELLINGER v. LINCOLN COUNTY

No. COA18-1080.

832 S.E.2d 172 (2019)

Gary DELLINGER, Virginia Dellinger and Timothy S. Dellinger, Petitioners, v. LINCOLN COUNTY, Lincoln County Board of Commissioners and Strata Solar, LLC, Respondents, and Mark Morgan, Bridgette Morgan, Timothy Mooney, Nadine Mooney, Andrew Schott, Wendy Schott, Robert Bonner, Michelle Bonner, Jeffrey Deluca, Lisa Deluca, Martha McLean, Charleen Montgomery, Robert Montgomery, David Ward, Intervenor Respondents.

Court of Appeals of North Carolina.

Filed: July 16, 2019.


Attorney(s) appearing for the Case

Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A., Hickory, by Jason White , for petitioner-appellants.

The Deaton Law Firm, PLLC, by Wesley L. Deaton , Megan H. Gilbert and Jacob R. Glass , for respondent-appellee Lincoln County and Lincoln County Board of Commissioners.

Scarbrough & Scarbrough, PLLC, Concord, by James E. Scarbrough and Sean A. McLeod , for intervenor respondent-appellees.


Gary Dellinger, Virginia Dellinger, and Timothy S. Dellinger ("Petitioners") appeal from an order affirming the quasi-judicial decision of the Lincoln County Board of Commissioners ("the Board") to deny the issuance of a conditional use permit. We reverse and remand.

I. Background...

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