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STEEL CREEK DEVELOPMENT CORP. v. JAMES

No. 8126SC725.

294 S.E.2d 23 (1982)

STEEL CREEK DEVELOPMENT CORPORATION, Plaintiff, and R. S. Smith and wife, Evelyn L. Smith, Additional Party Plaintiffs, v. Earl Terry JAMES and Martha S. James, d/b/a Terry's Marina, Defendants.

Court of Appeals of North Carolina.

August 3, 1982.

Attorney(s) appearing for the Case

Fairley, Hamrick, Monteith & Cobb by Laurence A. Cobb and F. Lane Williamson, Charlotte, for plaintiffs.

Harkey, Coira, Fletcher & Lambeth by Henry Lee Harkey, Francis M. Fletcher, Jr., and Philip D. Lambeth, Charlotte, for defendants.

WHICHARD, Judge.

On 21 April 1972 plaintiff, Steel Creek Development Corporation, filed this action in District Court, Mecklenburg County, asserting that defendants were trespassing on its submerged property located under Lake Wylie, a flooded portion of the Catawba River. The trespass alleged consisted of construction of certain floats and boat slips which were placed on the waters over plaintiff's land. Plaintiff sought an order directing defendants to remove the...

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