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LYNN v. OVERLOOK DEVELOPMENT

No. 204PA90.

403 S.E.2d 469 (1991)

328 N.C. 689

David M. LYNN and wife, Lorna L. Lynn 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, Debby 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.

Supreme Court of North Carolina.

May 2, 1991.

Attorney(s) appearing for the Case

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

Womble Carlyle Sandridge & Rice by Tyrus V. Dahl, Jr., Ellen M. Gregg and Lawrence Egerton, Winston-Salem, for defendants-appellees the City of Asheville and J.R. Smith.

North Carolina Academy of Trial Lawyers by Michael K. Curtis, Winston-Salem, amicus curiae.

North Carolina Ass'n of County Com'rs by James Blackburn, Gen. Counsel, and North Carolina League of Municipalities by Ellis Hankins, Raleigh, amici curiae.

MEYER, Justice.

After this Court's review of the record, our appraisal of the facts found in the complaint and exhibits differs somewhat from the facts stated in the opinion of the Court of Appeals. This action arises out of a contract for the purchase and sale of a new townhouse unit which plaintiffs entered into with Overlook Development (not a party to this appeal) on 22 February 1985. Plaintiffs allege that the relevant building permits were issued by J.R. Smith...

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