Initially, we note that the plaintiff commenced two separate actions in the same court against different defendants. In Action No. 1, the plaintiff sued the Town of Southport seeking a declaratory judgment that Monks Road was a public highway. In Action No. 2, the same plaintiff sought injunctive relief restraining the named defendant from interfering with plaintiff's use of Monks Road and a directive that all obstructions be removed therefrom. Although the actions involved...
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