Mount Ulla Historical Preservation Society, Inc. v. Rowan County

CALABRIA, Judge.

Respondent Rowan County (“the County”) appeals from the trial court’s order reversing the decision of the Rowan County Board of Commissioners (“the Board”) to issue a conditional use permit (“CUP”) to respondent Davidson County Broadcasting, Inc. (“DBCI”) on the basis that the CUP application was barred by the doctrines of res judicata and collateral estoppel. We affirm.

I. Background

On 18 January 2005, DCBI applied to the Board for a CUP (“the 2005 CUP application”) to construct a 1,350 foot radio tower (“the tower”) on property owned by respondents Richard and Dorcas Parker…