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CARTER v. STANLY COUNTY

No. COA96-705.

482 S.E.2d 9 (1997)

Ronald Lee CARTER, Andrew William Atkins, Larry McCrosky, Houston F. Mauldin, Sherrill Drye, Walter S. Smith, Robert Elwood Smith, Billy Patrick Smith, Frederick Lane Smith, Lilly Rose Stoker, Betty Jane Smith Garner, and Kenneth Huneycutt, Plaintiffs, v. STANLY COUNTY and the Board Of County Commissioners of Stanly County consisting of David Morgan, Martha Sue Hall, John Lowder, Sherrill Smith, and Gerald Efird, Defendants.

Court of Appeals of North Carolina.

March 18, 1997.

Attorney(s) appearing for the Case

Ferguson & Scarbrough, P.A. by James E. Scarbrough and Edwin H. Ferguson, Jr., Concord; and Steven F. Blalock, Albemarle, for plaintiffs-appellants-appellees.

Parker, Poe, Adams & Bernstein, L.L.P. by Charles C. Meeker, Raleigh; and Michael W. Taylor, Albemarle, for defendant appellants-appellees.

SMITH, Judge.

The central issue in this appeal is whether Stanly County (the County) has the statutory authority to purchase privately owned land, and then give that land to the State as an enticement for the building of a state prison. Secondary issues are whether the County provided adequate notice of the zoning changes necessary for the placement of the proposed prison on the site, and whether the trial court should have granted defendants' motion for N.C. Gen...

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