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HEWETT v. COUNTY OF BRUNSWICK

No. COA02-162.

573 S.E.2d 688 (2002)

James C. HEWETT Petitioner, v. The COUNTY OF BRUNSWICK and the Zoning Board of Adjustment of the County of Brunswick, Respondents.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Baxley and Trest, by Roy D. Trest, Shallotte, for petitioner appellee.

Brunswick County Attorney Huey Marshall and Assistant County Attorney J. Mark Seagle, for respondent appellants.

McCULLOUGH, Judge.

This case concerns the status of petitioner James C. Hewett's special exception permit to operate a mine in Brunswick County, North Carolina. The facts leading to this appeal are as follows: On 3 March 1997, Mr. Hewett submitted an application to Brunswick County for a special exception permit to mine sand and other materials on five acres of his land, which was zoned as rural property and was located off State Road 1125 within the Brunswick County...

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