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BROWN v. WEAVER-ROGERS ASSOCIATES, INC.

No. COA97-1413.

505 S.E.2d 322 (1998)

William R. BROWN, II, Plaintiff, v. WEAVER-ROGERS ASSOCIATES, INC.; Douglas W. Jones and wife, Deborah G. Jones; Gary D. Helton and wife, Nancy Bauer Helton; Hui-Ming Sun and wife, Meei-Ing Sun; Paul V. Pickering and wife, Allison D. Pickering; Donald A. Farrell and wife, Cecilia M. Farrell, Gloria J. Koch; John Snider Wilkins and wife, Patricia M. Wilkins; Mahmoud R. Husein and wife, Ibtisam Husein; Hal Wade Ingram and wife, Carol Strange Ingram; Bruce Allen Huffman and wife, Kathryn Ellen Huffman; Terrell R. Brooks; Robert Joseph Metcalf and wife, Jean C. Metcalf; Gilbert K. Lyttle and wife, Terry C. Sterling; Ali Ghoddoussi and wife, Azar Ghoddoussi; Herbert E. Foreman and wife, Margaret V. Foreman; Paul David Hawkins and wife, Danielle D. Hawkins, Defendants.

Court of Appeals of North Carolina.

October 6, 1998.

Attorney(s) appearing for the Case

Michael W. Strickland & Associates, P.A. by Nelson G. Harris, Raleigh, for plaintiff-appellant and defendant-appellants Ghoddoussi.

Burns, Day & Presnell, P.A. by Lacy M. Presnell, III, and Susan F. Vick, Raleigh; Higgins, Frankstone, Graves & Morris by Thomas D. Higgins, Jr., Chapel Hill, for defendant-appellees Sun.

W. Hugh Thompson, Raleigh, for defendant-appellees Jones.

Boxley, Bolton & Garber by Ronald H. Garber, Raleigh, for defendant-appellees Pickering.

JOHN C. MARTIN, Judge.

Plaintiff brought this action seeking a declaration of his rights under a purported deed of easement. Plaintiff alleged that he has the right, pursuant to the deed of easement, to open a public thoroughfare across lots, located in Stone Creek Subdivision (Stone Creek), which are owned by some of the defendants. Answers filed on behalf of various defendants included affirmative defenses alleging termination, abandonment, and withdrawal of the...

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