Ashby v. Town of Cary

WYNN, Judge.

By this appeal, Carlton S. Ashby and his wife, Cora B. Ashby, d/b/a Ashby Furniture Galleries (“the Ashbys”), challenge the trial court’s summary judgment upholding the Town of Cary’s denial of their rezoning application. After careful review, we affirm.

The underlying facts show that in 2000, the Ashbys owned a lot of approximately one acre on Walnut Street outside of the Town of Cary’s jurisdiction. The Ashbys wanted to build a new furniture store on this lot but needed additional land. Adjacent to the lot, the Town of Cary owned a lot consisting of less than one acre. The Town…