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LEASE PROPERTIES, INC. v. SHINGLETON

No. 745SC1078.

212 S.E.2d 683 (1975)

25 N.C. App. 287

LEASE PROPERTIES, INC. v. Joseph M. SHINGLETON and wife, Elizabeth C. Shingleton.

Court of Appeals of North Carolina.

April 2, 1975.

Attorney(s) appearing for the Case

Ellis L. Aycock and L. Gleason Allen, Wilmington, for plaintiff-appellee.

Addison Hewlett, Jr., Wilmington, for defendants-appellants.

MORRIS, Judge.

In our opinion the evidence in this case simply shows that the plaintiff paved a portion of its tract and thereby increased the flow of water onto defendants' land. There is no evidence of any diversion of surface water by the plaintiff. As we noted in Apartments, Inc. v. Hanes, 8 N.C. App. 394, 399, 174 S.E.2d 828, 831 (1970), cert. denied, 277 N.C. 110 (1970):

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