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RIVER BIRCH ASSOCIATES v. CITY OF RALEIGH

No. 291PA89.

388 S.E.2d 538 (1990)

326 N.C. 100

RIVER BIRCH ASSOCIATES v. CITY OF RALEIGH and River Birch Homeowners Association, Inc.

Supreme Court of North Carolina.

February 7, 1990.

Attorney(s) appearing for the Case

Michael B. Brough & Associates by Michael B. Brough and Robert E. Hagemann, Chapel Hill, for plaintiff-appellant and cross-appellee.

City of Raleigh by Thomas A. McCormick, Jr., City Atty., Raleigh, for defendant-appellee City.

Hatch, Little & Bunn by David H. Permar and Josephine L. Holland, Raleigh, for defendant-appellee and cross-appellant Homeowners Ass'n.

MEYER, Justice.

At issue is a parcel of land of 3.0 acres, more or less, which plaintiff seeks to develop with town homes. Defendants claim this property has been set aside by the plaintiff as a recreation area for the benefit of the members of the River Birch Homeowners Association (hereinafter Homeowners Association). In its final judgment, the trial court found that the Raleigh City Code required the conveyance of the disputed property to the Homeowners Association...

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