Legal Opinion

Ashe Cnty. v. Ashe Cnty. Planning Bd.

Court of Appeals of North Carolina

Decided May 21, 2019No. COA18-253PublishedCited by 4 opinions

1Opinion of the Court

DILLON, Judge.

*385 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 County appealed the decision of its Planning Board to the superior court. The superior court affirmed the decision of the Planning Board. The County appeals to this Court. We affirm.

I. Background

In June 2015, Appalachian Materials submitted an…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Robins v. Town of HillsboroughSupreme Court of North Carolina · 2007
  2. Morris Communications Corp. v. City of Bessemer City Zoning Board of AdjustmentSupreme Court of North Carolina · 2011
  3. Yancey v. HeafnerSupreme Court of North Carolina · 1966
  4. Raleigh Rescue Mission, Inc. v. Board of AdjustmentCourt of Appeals of North Carolina · 2002
  5. In the Matter of Society for Preservation of Historic OakwoodCourt of Appeals of North Carolina · 2002

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3Cited by4 opinions

  1. Ashe Cnty. v. Ashe Cnty. Plan. Bd.Supreme Court of North Carolina · 2020
  2. Ashe County v. Ashe Cnty. Plan. Bd.Supreme Court of North Carolina · 2025
  3. Ashe Cty. v. Ashe Cty. Plan. Bd.Court of Appeals of North Carolina · 2022
  4. Ashe Cty. v. Ashe Cty. Plan. Bd.Court of Appeals of North Carolina · 2022

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