WRIGHTSVILLE WINDS TOWNHOUSES v. MILLER

No. 905DC183.

397 S.E.2d 345 (1990)

100 N.C. App. 531

WRIGHTSVILLE WINDS TOWNHOUSES HOMEOWNERS' ASSOCIATION, Appellee/Plaintiff, v. Douglas E. MILLER and wife, Roxanna B. Miller, Appellant/Defendant.

Court of Appeals of North Carolina.

October 30, 1990.


Attorney(s) appearing for the Case

Smith and Smith by W.G. Smith and Barbara Smith, Wilmington, for appellee/plaintiff.

Ryals, Jackson and Mills by Anthony A. Saffo, Wilmington, for appellant/defendant.


ARNOLD, Judge.

Although defendant brings forth a number of assignments of error, the essence of his appeal is that the evidence presented did not support the trial court's finding that the disputed structures were built on common elements of the condominium property. Specifically, defendant attacks the testimony of Mr. Evans, a layman and homeowner in the Association. Mr. Evans' testimony conflicted with statements of defendant's witness, a land surveyor, who testified...

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