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ONUSKA v. BARNWELL

No. COA99-1076.

537 S.E.2d 840 (2000)

William Henry ONUSKA and wife, Carol Alice Onuska, Petitioners, v. George Henry BARNWELL; George Barnwell [now Estate of George Barnwell]; Patricia Conner Redden; Mae Conner and husband, Homer Conner; Roy Barnwell; Estate of Katherine L. Carlisle, Hilliard L. Carlisle, Jr., Executor; Odell C. Barnwell (Individually and as Trustee of the Odell C. Barnwell Revocable Trust Dated February 28, 1994) and wife, Gladys Edmonds Barnwell; Jackie A. Henderson; Lowell E. Jarrett, Jr. and Janice Lee Jarrett (Individually and as Trustees Under Trust Dated September 9, 1988); and Unknown Respondents, Respondents.

Court of Appeals of North Carolina.

November 21, 2000.

Attorney(s) appearing for the Case

Mullinax & Alexander, by William M. Alexander Jr., Hendersonville, for petitioners-appellees.

Jackson & Jackson, by Phillip T. Jackson, and Stepp, Groce & Associates, by Edwin R. Groce, and Howe, Waters & Carpenter, P.A., by Walter C. Carpenter, and Samuel H. Fritschner, Hendersonville, for respondents-appellants.

Sue Ballard Gilliam, Guardian Ad Litem, Hendersonville, for unknown respondents.

SMITH, Judge.

On 25 June 1997 petitioners instituted a special proceeding before the Clerk of Superior Court for Henderson County to establish a cartway across the property of respondents pursuant to N.C. Gen.Stat. §§ 136-68 and 136-69 (1999). Respondents filed answers raising two issues: (1) respondents claimed petitioners were not "landowners" within the context of the pertinent statutes; and (2) respondents counterclaimed for trespass. The Clerk entered...

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