Ward v. New Hanover County

LEWIS, Judge.

Timothy Allen Ward (“Timothy”) and Donnie H. Ward (“Donnie”) (collectively, “plaintiffs”) appeal the trial court order granting summary judgment in favor of New Hanover County (“defendant”). For the reasons discussed herein, we affirm the trial court’s order.

The facts and procedural history pertinent to the instant appeal are as follows: Plaintiffs are the owners of a commercial marina located in Wilmington, North Carolina. In 2002, plaintiffs requested the New Hanover County Planning Staff (“the Planning Staff”) approve the use of a “forklift” on their property to move, store,…