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STARKEY v. CIMARRON APARTMENTS, INC.

No. 8310SC1179.

321 S.E.2d 229 (1984)

Peggy STARKEY, Plaintiff, v. CIMARRON APARTMENTS, INC.; A.G. Texafil; City of Raleigh; Holland Construction Company, Defendants, v. NORTH CAROLINA VILLAGES, INC.; the Lake Johnson Company, a North Carolina partnership, and Randall Broach, Third Party Defendants. Howard EVANS and Mary Whitehurst Evans, Plaintiffs, v. CIMARRON APARTMENTS, INC.; A.G. Texafil; City of Raleigh; Holland Construction Company, Defendants, v. NORTH CAROLINA VILLAGES, INC.; the Lake Johnson Company, a North Carolina partnership, and Randall Broach, Third Party Defendants.

Court of Appeals of North Carolina.

October 16, 1984.

Attorney(s) appearing for the Case

Holleman & Stam by Paul Stam, Jr., Apex, for plaintiff-appellants.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by D. James Jones, Jr., Raleigh, for defendant-appellees Cimarron Apartments, Inc., and Holland Const. Co.

Kirby, Wallace, Creech, Sarda & Zaytoun by David F. Kirby and John R. Wallace, Raleigh, for defendant-appellee A.G. Texafil.

ARNOLD, Judge.

Our determination of the plaintiffs' appeal of the summary judgment granted to defendants Cimarron Apartments, Inc., and Holland Construction Company is controlled by our decision in Colony Hill Condominium I Association v. Colony Company 70 N.C. App. 390, 320 S.E.2d 273 (1984).

Plaintiffs argue that Cimarron Apartments, as developer of the Lake Johnson Mews complex, was not covered by the 1963 statute...

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