CLARK v. CRAVEN REGIONAL MEDICAL AUTHORITY

No. 343PA89.

387 S.E.2d 168 (1990)

326 N.C. 15

John F. CLARK, Chief Building Inspector of the City of New Bern, and City of New Bern, a North Carolina municipal corporation v. CRAVEN REGIONAL MEDICAL AUTHORITY, a public body and a body corporate and politic which has its principal office and place of business in the City of New Bern, Craven County, North Carolina; S.T. Wooten Construction Co., Inc., a North Carolina corporation which has its principal office and place of business in Wilson County, North Carolina; James L. Cayton Associates, Inc., a North Carolina corporation which has its principal office and place of business in New Bern, North Carolina; Electricon, Inc., a Delaware corporation which is authorized to do business in the State of North Carolina; and Southern Piping Company, a North Carolina corporation which has its principal office and place of business in Wilson County, North Carolina.

Supreme Court of North Carolina.

January 18, 1990.


Attorney(s) appearing for the Case

Ward, Ward, Willey & Ward by Elizabeth Williams and A.D. Ward, New Bern, for plaintiffs-appellants.

Sumrell, Sugg, Carmichael & Ashton, P.A. by Fred M. Carmichael and Rudolph A. Ashton, III, New Bern, for defendant-appellee, Craven Regional Medical Authority.


MARTIN, Justice.

The dispositive issue on this appeal is whether the trial court erred in entering an order of abatement of this action. Additionally, a subordinate issue concerning the court's issuance of a preliminary injunction against plaintiffs will be discussed. We find that the trial court's granting of the plea in abatement was proper and that the issue concerning the preliminary injunction is not properly before this Court for review. Therefore, the order...

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