United States Fourth Circuit

County's actions of refusal to issue a building permit for plaintiff's proposed asphalt plant, enacting a one-year moratorium on the building of asphalt plants, and enacting a Polluting Industries Development Ordinance did not violated plaintiff's due process or equal protection rights because plaintiff was not denied a property interest.

Appellate Information

• Argued 12/05/2001
• Decided 02/22/2002
• Published 02/22/2002

Judges

• Before WILKINSON, Chief Judge, and WILKINS and LUTTIG, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Donald Merritt Nielsen, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant.  James Redfern Morgan, Jr., Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellees.   ON BRIEF:  Stephen R. Berlin, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant.