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IN THE SUPREME COURT OF NORTH CAROLINA No. 111PA11 FRED WALLY, LAVON BENTON, RANDALL BENTON, DON CROWE, and GEORGE MARTOCCHIO v. CITY OF KANNAPOLIS (FILED 9 MARCH 2012)

On discretionary review pursuant to N.C.G.S. ' 7A-31 of a unanimous, unpublished decision of the Court of Appeals, ___ N.C. App. ___, 709 S.E.2d 601 (2011), affirming an order granting summary judgment for defendant entered on 23 February 2009 by Judge Michael E. Beale in Superior Court, Cabarrus County. Heard in the Supreme Court on 9 January 2012. Brough Law Firm, by T.C. Morphis, Jr., for plaintiff-appellants. Hamilton Stephens Steele & Martin, PLLC, by Keith J. Merritt and Rebecca K. Cheney, for defendant-appellee. TIMMONS-GOODSON, J.

This case involves a dispute between the City of Kannapolis ("defendant"), which rezoned rural land to promote commercial development, and neighboring land owners ("plaintiffs"). At issue is whether defendant approved a statement of reasonableness as required by N.C.G.S.

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