TOWN OF CHAPEL HILL v. FOX

No. COA95-52.

463 S.E.2d 421 (1995)

120 N.C. App. 630

TOWN OF CHAPEL HILL, Plaintiff, v. Randolph Dudley FOX, Defendant.

Court of Appeals of North Carolina.

November 7, 1995.


Attorney(s) appearing for the Case

Northen, Blue, Rooks, Thibaut, Anderson & Woods, LLP, by David M. Rooks, Chapel Hill, for plaintiff-appellee.

Faison & Fletcher, by Reginald B. Gillespie, Jr. and Keith D. Burns, Durham for defendant-appellant.


LEWIS, Judge.

By letter dated 9 April 1992 plaintiff requested permission of defendant to perform certain soil testing procedures on his property attendant to its search for a landfill site. Defendant refused entry for any clearing, borings, or land disturbing activities. On 15 November 1993 plaintiff filed a complaint alleging statutory authority to conduct the tests on defendant's property, and sought to enjoin defendant from interfering with plaintiff's entering...

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