PIPKIN v. LASSITER

No. 778SC609.

245 S.E.2d 105 (1978)

37 N.C. App. 36

Jerry Dan PIPKIN et ux., Marjorie L. Pipkin, Edward Lassiter et ux., Faydeen Lassiter, Randolph Lassiter et ux. and Shirley Lassiter v. Elsie LASSITER et vir., Paul Lassiter.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Duke & Brown by John E. Duke, Goldsboro, for petitioners-appellees.

Barnes, Braswell & Haithcock by Michael A. Ellis, Goldsboro, for respondents-appellants.


MITCHELL, Judge.

Although this action is designated a special proceeding by the parties and was assigned a number in the trial court indicating it to be such, we perceive it to be a civil action in the nature of a declaratory judgment proceeding. The plaintiffs designate themselves as "petitioners" and seek a declaration of their rights in a right-of-way and injunctive relief pursuant to the terms of a judgment in a prior special proceeding (28SP22) in Wayne County...

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