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BEECHRIDGE DEVELOPMENT CO. LLC v. DAHNERS

No. 101A99.

516 S.E.2d 592 (1999)

BEECHRIDGE DEVELOPMENT COMPANY, LLC v. Laurence E. DAHNERS, Eleanor S. Dahners, Terry R. Kitson, Paula A. Sherman, David B. Craig, Trustee, BancPlus Mortgage Corporation, Jane F. Burrill, John S. Burrill, Tim, Inc., Trustee, Nationsbank of North Carolina, NA, and Orange Water and Sewer Authority.

Supreme Court of North Carolina.

June 25, 1999.

Attorney(s) appearing for the Case

Northen Blue, LLP, Chapel Hill, by David M. Rooks, III, for plaintiff-appellant.

Beemer, Savery & Hadler, by Wayne R. Hadler and Jeffrey A. Jones, Chapel Hill; and Rightsell, Eggleston & Forrester, LLP, by Donald P. Eggleston, Greensboro, for defendant-appellees Laurence and Eleanor Dahners, Terry Kitson, Paula Sherman, and Jane and John Burrill.

PER CURIAM.

Plaintiff Beechridge Development Company acquired an undeveloped tract of property adjacent to defendants' Morgan Creek Hills property. Plaintiff intended to use a "public easement" found on the recorded plat to defendants' property for the installation of a sanitary sewer line to service plaintiff's tract. Using extrinsic evidence, the trial court found in favor of plaintiff, concluding that "Morgan Creek Hills ... intended the recording of the Plat to...

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