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NELLO L. TEER CO. v. ORANGE COUNTY

No. C-89-288-D.

810 F.Supp. 679 (1992)

NELLO L. TEER COMPANY v. ORANGE COUNTY, Shirley E. Marshall, Don Willhoit, and Moses Carey, Jr.

United States District Court, M.D. North Carolina, Durham Division.

September 9, 1992.

Attorney(s) appearing for the Case

Charles B. Nye, Charles H. Nye, Durham, NC, H. Wayne Phears, Norcross, GA, for plaintiff.

Michael B. Brough, G. Nicholas Herman, Chapel Hill, NC, Douglas Hargrave, Hillsborough, NC, Frayda S. Bluestein, Robert Erwin Hagemann, Chapel Hill, NC, for defendants.

MEMORANDUM OPINION

TILLEY, District Judge.

Defendants Orange County, Shirley E. Marshall, Don Willhoit, and Moses Carey, Jr. move for summary judgment against Plaintiff Nello L. Teer Co. (Teer). The latter three defendants were members of the Orange County Board of Commissioners during the period in dispute here.

Teer asserts that Defendants had no authority to adopt a moratorium under North Carolina law; moreover, that it was invalid because it...

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