Baucom's Nursery v. Mecklenburg County

SMITH, Judge.

Plaintiff previously instituted an action against defendant County and its commissioners involving an interpretation of this same zoning ordinance as it was written before the 6 December 1982 amendment. See Baucom’s Nursery Co. v. Mecklenburg Co., 62 N.C. App. 396, 303 S.E. 2d 236 (1983). Before this Court filed its opinion in the prior case, the ordinance, which was then the subject of litigation, was amended. This amended ordinance is the subject of the present controversy.

Plaintiff assigns as error (1) the trial court’s conclusion that there is no genuine issue of material…