RUDISILL v. ICENHOUR

No. 8825SC216.

375 S.E.2d 682 (1989)

Allen David RUDISILL and wife, Maxine M. Rudisill, Plaintiffs, v. Harold J. ICENHOUR and wife, Shelby Icenhour and David James Icenhour, Defendants.

Court of Appeals of North Carolina.

February 7, 1989.


Attorney(s) appearing for the Case

Rudisill & Brackett by J. Richardson Rudisill, Jr. and Curtis R. Sharpe, Jr., Hickory, for plaintiffs-appellees.

Mitchell, Blackwell, Mitchell & Smith by Marcus W.H. Mitchell, Jr., Valdese, for defendants-appellants.


PHILLIPS, Judge.

Defendants' appeal is from an order of summary judgment permanently enjoining them from using an unopened subdivision street that borders plaintiffs' property and denying their motion to dismiss plaintiffs' action. The only conflict in the pleadings, affidavits, deeds, maps and other materials of record that the materials, both parties, and the court sometimes refer to the principal defendant as Harold J. Icenhour and other times as Howard...

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