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LYNN v. OVERLOOK DEVELOPMENT

No. 8928SC732.

389 S.E.2d 609 (1990)

98 N.C. App. 75

David M. LYNN and wife, Lorna L. Lynn, Plaintiffs, v. OVERLOOK DEVELOPMENT, a joint venture; Roger L. Jones and wife, Myra E. Jones; Marshall N. Kanner; City of Asheville, a municipal corporation; J.R. Smith; Mark Rumfelt; Wind-In-The-Oaks Homeowners Association, Inc., a North Carolina corporation; Joe C. Swicegood, Sr. and wife, Dorothy C. Swicegood; Garland L. Norton; Joe P. Eblen and wife, Roberta S. Eblen; Ben Kanner and wife, Sylvia Kanner; Gary Phillips and wife, Debbie Phillips; Dean J. Schranz and wife, Margie Schranz; Rebecca M. Pressley; Michael D. Brandson and Stevie A. Salido; Joseph Carr Swicegood, Jr.; J. Dean Deweese, Jr.; B. Paul Goodman; Keith J. Dunn; Debra M. Leatherwood; Benjamin Biber and wife, English W. Biber; Roberta Horvath; Robert C. Newton, Jr.; Robert M. Smith and wife, Sandy Smith; Paul E. Gilsdorf and wife, Laura L. Gilsdorf; Paul A. Robichaud; Terrence W. Burt; Southeastern Savings and Loan Company, a North Carolina corporation; David E. Matney, III, Trustee; Kenneth M. Michalove, Wilhelmina B. Bratton, Mary Lloyd Frank, Russell M. Martin, Norma T. Price and Robert York, members of the Asheville City Council in their official capacities; and W. Louis Bissette, Jr., Mayor of the City of Asheville in his official capacity, Defendants.

Court of Appeals of North Carolina.

April 3, 1990.

Attorney(s) appearing for the Case

Charles R. Brewer, Asheville, for plaintiffs-appellants.

Womble, Carlyle, Sandridge & Rice by Tyrus V. Dahl, Jr. and Ellen M. Gregg, Winston-Salem, for defendants-appellees.

WELLS, Judge.

We note at the outset that plaintiffs have abandoned their challenge to that portion of the trial court's order allowing defendants' Rule 12(b)(6) motion to dismiss plaintiffs' claims for punitive damages against the City of Asheville and J.R. Smith in his official capacity. We further note that plaintiffs, beyond a bare restatement of their assignment of error, did not present argument in the brief in support of their challenge to the trial court's...

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