BOGUE SHORES HOMEOWNERS ASS'N, INC. v. TOWN OF ATLANTIC BEACH

No. 923SC191.

428 S.E.2d 258 (1993)

109 N.C. App. 549

BOGUE SHORES HOMEOWNERS ASSOCIATION, INC. and the Board of Directors of Bogue Shores Homeowners' Association, Inc. v. TOWN OF ATLANTIC BEACH.

Court of Appeals of North Carolina.

April 6, 1993.


Attorney(s) appearing for the Case

Kirkman & Whitford, P.A., by Neil B. Whitford, Morehead City, for plaintiffs-appellants.

Richard L. Stanley, Beaufort, for defendant-appellee.


GREENE, Judge.

Plaintiffs appeal from an order of the trial court entered 26 November 1991, in part granting defendant's motion for summary judgment. Defendant appeals from the same order in part granting summary judgment in favor of plaintiffs.

The evidence before the trial court at the summary judgment hearing established that in 1981, Morris and Mary Lucy Cherry acquired title to a 150-room motel located near the town of Atlantic Beach, North Carolina....

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