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CITY OF WILMINGTON v. HILL

No. COA07-11.

657 S.E.2d 670 (2008)

CITY OF WILMINGTON, Plaintiff, v. Broadus E. HILL, III, Defendant.

Court of Appeals of North Carolina.

March 4, 2008.

Attorney(s) appearing for the Case

Thomas C. Pollard, City Attorney and R. Lynn Coleman, Assistant City Attorney, for plaintiff-appellant.

Shanklin & Nichols, LLP, by Kenneth A. Shanklin and Sarah M. Mancinelli, Wilmington, for defendant-appellee.

JACKSON, Judge.

The City of Wilmington ("plaintiff") appeals the trial court's order and judgment granting the motion to dismiss filed by Broadus E. Hill, III ("defendant"), and declaring unconstitutional the first sentence of Wilmington Land Development Code ("WLDC"), section 18-285(g). For the reasons stated below, we affirm.

On 21 July 2004, defendant applied for a building permit to build a garage apartment on property he owned at 303 McMillan Avenue....

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