BURNS v. GRANNY SQUIRREL MOUNT. CLUB HOMEOWNERS ASSOC.

No. 401P99.

540 S.E.2d 353 (1999)

351 N.C. 100

Elbert C. BURNS and wife, Judy Burns, Arthur J. Davies and wife, Candice Davies; Shirley G. House and Husband, Franklin House; Fred Melton and wife, Janice Melton; Walter Secrest and wife, Natalie Secrest; James Colson and wife, Charlotte Colson; Robin Rowan and wife, Diane Rowan; Patricia Rago; Robert Irvin Gray and wife, Marion R. Gray; Anne Nadwodny and husband, Alexander Nadwodny; Vincent G. Roberts and wife, Alice E. Roberts; Victor Shumate; Mark Ross (Single), v. GRANNY SQUIRREL MOUNTAIN CLUB HOMEOWNER'S ASSOCIATION; Leisure Properties, Inc.; and Dr. Michael Ables and wife, Jackie Abels; Mark Allen and wife, Lisa Allen; Francis E. Adams; Phoebe Ann Anderson; Dale E. Andress; William Armstrong and wife, Rosemary Armstrong; Dr. Bill Bailey and wife; Betty Bailey; Rev. Ross A. Bair; Eugene Bantekas; Edward G. Baur; William R. Bees; Fredrick Blake and wife, Alma Blake; Robert I. Bolderick; Ward C. Bourdeaux, M.D.; Robert E. Bowen; Jerry W. Brownlee; Mary Catherine Cole; Lois T. Cook; Thomas L. Cooke and wife, Trudy Cooke; Jimmy Coulter and wife, Mary Coulter; Silas Dobbins, Sr. and wife, Dorothy Dobbins; Gordon Dodge and wife, Ellie Dodge; Bruce W. Easterling; Robert D. Eshbaugh; Jim Estes and wife, Bobbie Estes; L.J. Feather; Robert French, Sr. and wife, Edna French; Leonard Friedman and wife, Peachie Friedman; Walter Gabbard and wife, Redenia Gabbard; Jacques Gallot and wife, Suzanne Gallot; Dieter Kubug and wife, Evelyn Kubug; Fred Gentile; Drs. John Center and wife, Judith Genter; Forrest Gregory; Paul Hill and wife, Ann P. Hill; James Hodges and wife, Margo Hodges; Maj. Gen. Jerry D. Holmes and wife, Nina Holmes; John Hofmeister and wife, Barbara Hofmeister; Tony Hopkins and wife, Ann Hopkins Don Isler and wife, Donna Isler; Alice Johnsen; Roni Catherine Liefer; James Keohane and wife, Joanne Keohane; Michael Kessler and wife, Sheryl Kessler; Ann S. Krot; William Laupheimer; Malcolm Lerch and wife, Edith Lerch; R & P Partnership; Gary Jones; Milton Lippman and wife, Lillian Lippman; Charles Macleod and wife, Jan Macleod; John Mancin and wife, Lois Mancin; Raymer Maquire; Jerry Mathis; C.B. Miles and wife, Nancy Miles; Charles Morris and wife, Lillian Morris; Stanley Moulden; Darlene Mularkey; Michael Mularkey and wife, Elizabeth Mularkey; Vital D. Nevito and Jane Denton Maddy; Alexandra O'Grody; James Osterling and wife, Ann Osterling; Robert Parks and wife, Jean Parks; Mark Perkins and wife, Alodia Perkins, Jules Polacheck III and wife, Juli Polacheck; Ralph Polacheck; Mrs. Gemmill Reeves; Paul Sanson; Howard Boyle and wife, Brenda Boyle; Bert Schulman and wife, Evenly Schulman; Tim Scott and wife, Lori Scott; Kay Senteney; William Galusha and David Galusha; James Smiley and wife, Theresa Smiley; Ann Storck Center, Inc.; Mike Swaim and wife, Judy Swaim; Wayne K. Swain and wife, Jackie Swain, Roger Swanson and wife, Cheryl Swanson; Robert Thomas and wife, Evelyn Thomas; Joseph Tirpak and wife, Eleanor Tirpak; Jerry Hobbs and wife, Jean Hobbs; Charles Vance and wife, Vera Vance; Joanne Van Note; Martha Venherm; William Weeks and wife, Linda Weeks; James Wilhite and wife, Connie Wilhite; Howard Williams and wife, June Williams; Don Wright and wife, Velva Wright; Bennet Yell; Fred A. Sharkey, Jr.; Ruby and Harry Griffith; Mabel and Fred Horn; Jennie Lyons; Joseph Higgins and wife, Nancy Higgins; and Donna Lynn Joynt.

Supreme Court of North Carolina.

October 7, 1999.


Attorney(s) appearing for the Case

Zeyland G. McKinney, Jr., Robbinsville, for Individual Plaintiffs.

Rudolph A. Bata, Jr., Murphy, for Granny Squirrel.

Arthur Hays, Murphy, for Leisure Properties.

Ronald M. Cowan, Murphy, for Fred Sharkey.


Upon consideration of the petition filed by Plaintiffs in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 7th day of October 1999."

Upon consideration of the petition by Plaintiffs for writ of supersedeas of the judgment of the Court of Appeals, the following...

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