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INNOVATIVE 55, LLC v. ROBESON COUNTY

No. COA16-1101.

801 S.E.2d 671 (2017)

INNOVATIVE 55, LLC and FLS Energy, Inc., Petitioners, v. ROBESON COUNTY and the Robeson County Board of Commissioners, Respondents.

Court of Appeals of North Carolina.

Filed: June 6, 2017.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, by Colin J. Tarrant , Wilmington and Elizabeth Brooks Scherer , Raleigh, for petitioner-appellants.

Manning Fulton & Skinner, P.A., Raleigh, by J. Whitfield Gibson and Robeson County Attorney Patrick A. Pait , for respondent-appellees.

FLS Energy, Inc. and its subsidiary, Innovative 55, LLC (collectively, "FLS Energy") appeal from the superior court's order affirming the decision of the Robeson County Board of Commissioners ("the Commissioners") to deny their application for a conditional use permit ("CUP") to construct a solar farm. We reverse and remand.

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