Messer v. Town of Chapel Hill

By this action, plaintiffs challenge the constitutionality of the rezoning by defendant-town of an undeveloped tract of land consist ing of approximately 150 acres and located in the Laurel Hill area of Chapel Hill, a part of defendant-town’s extraterritorial zoning and planning jurisdiction. Plaintiff William L. Hunt, now deceased and represented in this action by the executors of his estate, acquired the tract in 1937. Plaintiff Roger D. Messer is alleged to be an interested party with respect to the property.

The trial court dismissed the complaint pursuant to N.C.G.S. § 1A-1, Rule…