TAR LANDING VILLAS OWNERS' ASS'N v. ATL. BEACH

No. 823SC968.

307 S.E.2d 181 (1983)

TAR LANDING VILLAS OWNERS' ASSOCIATION, et al. v. The TOWN OF ATLANTIC BEACH. A PLACE AT the BEACH—ATLANTIC BEACH HOMEOWNERS' ASSOCIATION, INC., et al. v. The TOWN OF ATLANTIC BEACH.

Court of Appeals of North Carolina.

October 4, 1983.


Attorney(s) appearing for the Case

Dennis M. Marquardt, Morehead, for petitioners appellees and cross appellants Tar Landing Villas Owners' Association, et al.

Darden & Pierce by Robert D. Darden, Jr., Morehead, for petitioners-appellees and cross-appellants A Place At The Beach, Atlantic Beach, et al.

Mason & Phillips by L. Patten Mason, Morehead, for respondent-appellant and cross-appellee Town of Atlantic Beach.


VAUGHN, Chief Judge.

The first question raised by petitioners on appeal is whether the trial court erred in refusing to apply the doctrine of collateral estoppel or res judicata. We affirm that part of the judgment holding that neither the doctrine of res judicata nor collateral estoppel precluded the Town from annexing petitioners' properties.

The doctrine of res judicata, which bars subsequent lawsuits on a cause...

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