Legal Opinion
Thrash Ltd. Partnership v. County of Buncombe
Court of Appeals of North Carolina
Decided March 17, 2009No. COA08-327PublishedCited by 6 opinions
1Opinion of the Court
STEELMAN, Judge.
Where a zoning ordinance amendment was not adopted in accordance with Buncombe County’s own zoning ordinance procedures, the amendment is invalid.
I. Factual and Procedural Background
Plaintiff Lott Partnership II is a North Carolina Limited Partnership which owns a parcel of land in eastern Buncombe County. Plaintiff Thrash Limited Partnership sold its land during the pendency of this action and the action is moot as to Thrash Limited Partnership.
Defendant Buncombe County (“County”) first exercised its zoning authority pursuant to Article 18 of Chapter 153A in the 1970’s by…
2Cases cited9 opinions
- Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
- Blades v. City of RaleighSupreme Court of North Carolina · 1972
- Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
- Aubin v. SusiCourt of Appeals of North Carolina · 2002
- Coastal Plains Utilities, Inc. v. New Hanover CountyCourt of Appeals of North Carolina · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bodie Island Beach Club Ass'n v. WrayCourt of Appeals of North Carolina · 2011
- BODIE ISLAND BEACH CLUB ASS'N, INC. v. WrayCourt of Appeals of North Carolina · 2011
- Templeton v. Town of BooneCourt of Appeals of North Carolina · 2010
- The Cherry Cmty. Org. v. The City of CharlotteCourt of Appeals of North Carolina · 2018
- The Cherry Cmty. Org. v. The City of CharlotteCourt of Appeals of North Carolina · 2017
1 more not listed; retrieve them via the Exa API.