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TOWER DEVELOPMENT PARTNERS v. ZELL

No. COA94-1017.

461 S.E.2d 17 (1995)

TOWER DEVELOPMENT PARTNERS, Plaintiff-Appellant, v. Samuel ZELL, Trustee Under Trust Agreement Dated October 14, 1991; the North Carolina Department of Transportation, the City of Durham, Defendants-Appellees.

Court of Appeals of North Carolina.

September 5, 1995.

Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by J. Anthony Penry, Robert H. Lesesne, and David C. Hall, Raleigh, for plaintiff-appellant.

Newsom, Graham, Hedrick, & Kennon, P.A. by William P. Daniell and Joel M. Craig, Durham, for defendant-appellee Zell.

Atty. Gen., Michael F. Easley by Asst. Atty. Gen., Emmett B. Haywood, Raleigh, for defendant-appellee North Carolina Dept. of Transp.

Office of the City Atty. by Asst. City Atty., Karen A. Sindelar, Durham, for defendant-appellee City of Durham.

MARK D. MARTIN, Judge.

This suit involves a dispute over several easements claimed to burden plaintiff's land in southwest Durham County. Plaintiff contends the easements were either void ab initio or were later extinguished, while defendants contend the easements were validly created and continue to burden plaintiff's land. Plaintiff brought this action for a declaratory judgment as to the existence and validity of the easements.

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