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COLONY HILL CONDO. I ASS'N v. COLONY CO.

No. 8314SC1071.

320 S.E.2d 273 (1984)

COLONY HILL CONDOMINIUM I ASSOCIATION, Colony Hill Condominium I, Board of Directors of Colony Hill Condominium I Association, Larry Ferrell, Jennie B. Ferrell, Joel Puleo, Ellen Puleo, Christine A. Long, Judith I. Woodburn, Mary A. Brown, Donald P. Vandayburg, Dorothy Vandayburg, U.S. Fire Insurance Company, Crum & Forster Insurance Group, Quincy Mutual Fire Insurance Company, North River Insurance Company v. COLONY COMPANY, A Partnership; Fred J. Herndon, William C. Spann, Individually, and T/A Herndon Construction Company; Martin Stamping and Stove Company; Martin Industries, Inc.; Herndon Building Company.

Court of Appeals of North Carolina.

September 18, 1984.

Attorney(s) appearing for the Case

Haywood, Denny & Miller by Stewart W. Fisher, Durham, for plaintiffs-appellants.

Moore, Ragsdale, Liggett, Ray & Foley by Peter M. Foley and Nancy D. Fountain, Raleigh, for defendants-appellees Martin Stamping and Stove Company and Martin Industries, Inc.

Spears, Barnes, Baker & Hoof by John C. Wainio and Craig B. Brown, Durham, for defendants-appellees Colony Co., Fred J. Herndon, William C. Spann, Herndon Const. Co. and Herndon Building Co.

ARNOLD, Judge.

The primary issue on appeal is whether the trial court properly granted summary judgment against the plaintiffs on the grounds that their claims are barred by statutes of repose, G.S. 1-50(5) and G.S. 1-50(6). Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Vassey v. Burch, 301 N.C. 68, 72, 269...

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