Davidson County Broadcasting, Inc. v. Rowan County Board of Commissioners

STROUD, Judge.

Petitioners Davidson County Broadcasting, Inc., and Richard and Dorcas Parker instituted this action against respondent Rowan County Board of Commissioners to review respondent’s denial of petitioners’ application for a conditional use permit to construct a 1,350 foot radio broadcast tower on Richard and Dorcas Parkers’ property in Rowan County, North Carolina. In this appeal, we must consider both whether Rowan County is precluded from regulating, air safety under the doctrine of federal preemption and whether the superior court correctly concluded that there was competent,…