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JONES v. WINCKELMANN

No. COA98-1023.

516 S.E.2d 876 (1999)

George C. JONES, Jr., Petitioner, v. Robert J. WINCKELMANN, Virginia Winckelmann, Black Horse Run Property Owners' Association of Raleigh, Inc., Fleet Mortgage Corp., f/k/a Fleet Real Estate Funding Corp., Michael Lee Frazier, Wachovia Bank of North Carolina, N.A., New Salem, Inc., and Anna Leggio, Respondents.

Court of Appeals of North Carolina.

July 6, 1999.

Attorney(s) appearing for the Case

George C. Jones, Jr., Raleigh, pro se, petitioner appellee.

Wallace, Creech & Sarda, L.L.P., by Peter J. Sarda and Richard P. Nordan, Raleigh, for respondent appellants Robert J. Winckelmann, Virginia Winckelmann, Fleet Mortgage Corporation, and Michael Lee Frazier.

Jordan, Price, Wall, Gray & Jones, L.L.P., by Henry W. Jones, Jr., and C. Marshall Lindsay, Raleigh, for respondent appellant Black Horse Run Property Owners' Association.

Ragsdale, Liggett & Foley, PLLC, by Michael V. Lee, Raleigh, for respondent appellant Anna Leggio.

HORTON, Judge.

This is a special proceeding which was instituted before the Clerk of Superior Court for Wake County to establish a cartway providing access from the land of George C. Jones, Jr. (petitioner), to a public road. The action was brought under the provisions of N.C. Gen.Stat. §§ 136-68 and 136-69, as amended by Chapter 513 of the 1995 Session Laws. The 1995 legislation, which had a sunset provision...

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