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LEE v. BIR

No. 9320SC1040.

449 S.E.2d 34 (1994)

116 N.C. App. 584

Michael Kent LEE and wife, Anne P. Lee, Plaintiffs, v. Allen C. BIR, Defendant.

Court of Appeals of North Carolina.

October 18, 1994.

Attorney(s) appearing for the Case

Griffin, Caldwell, Helder, Lee & Helms, P.A. by W. David Lee, Monroe, for plaintiffs-appellees.

Vannoy, Colvard, Triplett & McLean by J. Gary Vannoy and Jay Vannoy, N. Wilkesboro, for defendant-appellant.

ORR, Judge.

At all times relevant to this action, Plaintiffs Michael Kent Lee and his wife Anne P. Lee owned Lot 21, Section K in the High Meadows Subdivision located in Alleghany County, North Carolina, and Defendant Allen C. Bir owned Lot 20, the lot adjacent to plaintiffs' property. The parties stipulated that "during May, June and July, 1990, certain trees and other natural growth were cut from the lot owned by the plaintiffs without their knowledge or consent...

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