NORTHWESTERN FINANCIAL GROUP, INC. v. COUNTY OF GASTON

No. 9227SC177.

430 S.E.2d 689 (1993)

110 N.C. App. 531

NORTHWESTERN FINANCIAL GROUP, INC., Plaintiff/Appellee, v. The COUNTY OF GASTON; David C. Beam, Porter McAteer, David R. Hollifield, C. David Ward, Jr., Claude Crain, Mary Lou Craig, James S. Forrester, individually and as members of the Gaston County Board of Commissioners; The Gaston County Planning Board; and William M. Patrick, Jack Dill, George M. Mason, David E. Watts, Frances Springs, John Dyer, W. Reggie Hundley, individually and as members of the Gaston County Planning Board, Defendants/Appellants.

Court of Appeals of North Carolina.

June 15, 1993.


Attorney(s) appearing for the Case

Michael B. Brough & Associates by Michael B. Brough and Alison A. Erca, Chapel Hill, for defendants-appellants.

Weinstein & Sturges, P.A. by T. LaFontine Odom, William H. Sturges and Thomas L. Odom, Jr., Charlotte, for plaintiff-appellee.


LEWIS, Judge.

The facts of this case present two issues on appeal. The first of these is whether or not the denial of a motion for summary judgment asserting the defense of res judicata is immediately appealable. If so, then we must address the merits of defendants' res judicata defense to determine whether or not Northwestern's claims for damages are barred. On the facts of this case, we hold that the denial of defendants' motion affects a substantial right and we...

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