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BEECHRIDGE DEVELOPMENT CO. v. DAHNERS

No. COA98-348.

511 S.E.2d 18 (1999)

BEECHRIDGE DEVELOPMENT COMPANY LLC, Plaintiff, v. Laurence E. DAHNERS; Eleanor S. Dahners; Terry R. Kitson; Paula A. Sherman; David B. Craig, Trustee; Banc-Plus Mortgage Corporation; Jane F. Burrill; John S. Burrill; TIM, Inc., Trustee; NationsBank of North Carolina, N.A.; and Orange Water and Sewer Authority, Defendants.

Court of Appeals of North Carolina.

February 2, 1999.

Attorney(s) appearing for the Case

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

Beemer, Savery & Hadler, PA by Mary Elizabeth Jones, Chapel Hill, for appellants Dahners, Kitson, Sherman, and Burrill.

LEWIS, Judge.

Plaintiff acquired an undeveloped tract south of the Morgan Creek Hills subdivision in Chapel Hill and wished to use the "public easement" on a portion of the Morgan Creek Hills property for the installation of a sanitary sewer line to service the development of this tract. This "public easement" was denominated as such in a plat recorded on 7 October 1966 in the Orange County Registry, titled "Final Plat Section One of Morgan Creek Hills Subdivision...

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