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GASTON BD. OF REALTORS, INC. v. HARRISON

No. 8227SC642.

306 S.E.2d 809 (1983)

GASTON BOARD OF REALTORS, INC. a North Carolina corporation v. Charles A. HARRISON.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Mullen, Holland & Cooper by Graham C. Mullen and William E. Moore, Jr., Gastonia, for plaintiff-appellee.

Lloyd T. Kelso, Gastonia, for defendant-appellant.

Atty. Gen. Rufus R. Edmisten by Asst. Atty. Gen. Harry H. Harkins, Jr. and Thomas R. Miller, Raleigh, for North Carolina Real Estate Licensing Bd., amicus curiae.

Smith, Moore, Smith, Schell & Hunter by Richmond G. Bernhardt, Jr. and Peter J. Covington, Greensboro, for North Carolina Ass'n of Realtors, Inc., amicus curiae.

PHILLIPS, Judge.

Defendant first contends the trial court should have dismissed the declaratory judgment action due to lack of a case or controversy between the parties. Whether an actual controversy exists must be determined on the facts of each case, but reported decisions do provide some guidelines. Declaratory judgment actions must focus on real and present problems; they must adjudicate the rights, status, or other...

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