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Chrismon v. Guilford County

Supreme Court of North Carolina

322 S.E.2d 595 (N.C. 1984)

Relevant factsFree

Clapp operated a preexisting nonconforming farm-supply business selling grain, pesticides, lime, and fertilizer on agriculturally zoned land, and when he sought to relocate that business to a different part of his property adjacent to the Chrismons' (plaintiffs) residence, Guilford County (defendant) granted a conditional-use rezoning and permit allowing that specific business use, supported by testimony that Clapp's business substantially benefited area farmers with no objections besides the Chrismons'. The Chrismons sued to invalidate the rezoning as illegal spot zoning and contract zoning; the trial court upheld the county's decision, the court of appeals reversed, and the county appealed.

IssueFree

Whether a county's conditional-use rezoning permitting a specific commercial use on a small parcel within a broader agricultural zone constitutes valid zoning, or instead amounts to illegal spot zoning or contract zoning.

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