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CITY OF DURHAM v. WOO

No. COA97-813.

497 S.E.2d 457 (1998)

CITY OF DURHAM, Plaintiff, v. Paul W. WOO, Trustee, Under Revocable Declaration of Trust Dated February 2, 1989; Paul W. Woo, Trustee for the PWW Family Trust; Marilyn E. Woo, Trustee for Paul W. Woo Enterprises; Brian Newton, Trustee for the Newton Charitable Foundation; Thomas A. Earles, Trustee; and County of Durham, Defendants.

Court of Appeals of North Carolina.

April 7, 1998.

Attorney(s) appearing for the Case

Office of the City Attorney by Richard Weintraub and Karen A. Sindelar, Durham, for plaintiff-appellant.

Haywood, Denny & Miller, L.L.P. by George W. Miller, Jr., and George W. Miller, III, Durham, for defendants-appellees.

HORTON, Judge.

On 3 November 1987, defendant Paul W. Woo purchased a .64-acre tract on Blackwell Street in Durham, North Carolina (the subject property), at a bankruptcy auction for $141,000.00. The subject property, which contained a 3,469-square-foot building operated as a restaurant, was located across the street from the American Tobacco Company Complex. At the time of his purchase, Woo was aware that the Tobacco Company...

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