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<br />Zoning Bulletin <br /> <br />Decision: Affirmed. <br /> <br />Relying on the express language used in the ordinance, the appeals <br />court had to decide if the operation that Midwest wished to conduct on <br />its property was considered "manufacturing" gas as defined in the or- <br />dinance. If more than one interpretation of the ordinance was possible, <br />and one of those interpretations was presented by the administrative <br />agency responsible for its implementation, the court had to give defer- <br />ence to the agency. <br />Midwest argued that it was not manufacturing gas, but, rather, it was <br />processing gas through a filtration system. However, the board had re- <br />lied on the determination of the planning department official who stat- <br />ed that the processing of the gas created a product that would then be <br />transported off-site for and sold to retailers. The official also stated that <br />the process created by-products. <br />Under the ordinance, manufacturing was defined in part as <br />"engag[ing] in the mechanical or chemical transformation of materials <br />or substances into new products." Using the plain language standard, <br />the court noted that there was "no doubt" that-if the process Mid- <br />west proposed was accurately described by the planning official-it was <br />manufacturing gas. <br />After reviewing the record and hearing additional testimony, the <br />court found that the process Midwest had proposed did involve the cre- <br />ation of a new product. The processing unit it wanted to build would <br />transform a raw material into a commercial product. Therefore, the <br />board had not erred by requiring Midwest to obtain a special exception <br />permit. <br /> <br />See also: Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 82 <br />N.M. 193, 477 P.2d 827 (1970). <br /> <br />Attorneys' Fees-Adult business prevails on legal claim <br />against new ordinance <br /> <br />Argues it should be awarded attorneys' fees for unadressed civil <br />rights claims <br /> <br />Citation: Giovanni Carandola, Ltd. v. City of Greensboro, 2007 WL <br />703333 (M.D. N.C.2007) <br /> <br />NORTH CAROLINA (03/01/07)-Giovanni Carandola operated an <br />adult entertainment business in the city of Greensboro. When the busi- <br />ness opened, it was in compliance with all existing zoning regulations <br />pertaining to sexually oriented businesses. However, the city adopted <br />new ordinances that extended the distance such businesses had to be <br /> <br />6 <br /> <br />44 <br />