Legal Opinion

Thrash Ltd. P'ship v. County of Buncombe

Court of Appeals of North Carolina

Decided March 17, 2009No. COA08-229PublishedCited by 8 opinions

1Opinion of the Court

STEELMAN, Judge.

Where plaintiff is a landowner within the county affected by the zoning ordinance, plaintiff has standing to contest the procedural enactment of the ordinance. Where the zoning ordinance was not adopted in accordance with statutory requirements, the ordinance is invalid.

I. Factual and Procedural Background

Plaintiff Lott Partnership II is a North Carolina Limited Partnership which owns a parcel of land in defendant Buncombe County ("County"). Plaintiff Thrash Limited Partnership sold its land during the pendency of this action and the action is moot as to Thrash Limited…

2Cases cited15 opinions

  1. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  2. Blades v. City of RaleighSupreme Court of North Carolina · 1972
  3. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  4. Aubin v. SusiCourt of Appeals of North Carolina · 2002
  5. High Point Surplus Company v. PleasantsSupreme Court of North Carolina · 1965

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3Cited by8 opinions

  1. Murdock v. Chatham CountyCourt of Appeals of North Carolina · 2009
  2. Templeton v. Town of BooneCourt of Appeals of North Carolina · 2010
  3. Byron v. Synco Props., Inc.Court of Appeals of North Carolina · 2018
  4. Ring v. Moore Cty.Court of Appeals of North Carolina · 2017
  5. Ashe Cnty. v. Ashe Cnty. Plan. Bd.Supreme Court of North Carolina · 2020

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