SUMMERS v. CITY OF CHARLOTTE

No. 310P01-2.

566 S.E.2d 482 (2002)

355 N.C. 758

Frank V. SUMMERS, Eleanor M. Summers, Gilbert E. Galle, Pamela N. Galle, Patricia G. Selby Living Trust, Peter M. Duggan, Dr. Lee Ann McGinness and Dr. Maryrose Turner, v. CITY OF CHARLOTTE, North Carolina, a Municipal Corporation, Southpark Mall Limited Partnership, a North Carolina Limited Partnership, J.B. Ivey & Company, a North Carolina Corporation, T.W. Samonds, Jr., Thalhimer Brothers, Incorporated, a Virginia Corporation, May Centers Associates Corporation, a Missouri corporation, Rotunda Building, L.L.C., North Carolina limited liability corporation, Sears, Roebuck and Co., a New York Corporation, Belk Charlotte, Inc., a North Carolina corporation, and United States Steel and Carnegie Pension Fund, a Pennsylvania Non-Profit Corporation. Frank V. Summers, Eleanor M. Summers, Gilbert E. Galle, Pamela N. Galle, Patricia G. Selby Living Trust, Peter M. Duggan, Dr. Lee Ann McGinness and Dr. Maryrose Turner v. City of Charlotte, North Carolina, a Municipal Corporation, Southpark Mall Limited Partnership, a North Carolina Limited Partnership, J.B. Ivey & Company, a North Carolina Corporation, T.W. Samonds, Jr., The May Department Stores Company successor by merger to May Center Associates Corporation, a Missouri Corporation, Sears, Roebuck and Co., a New York Corporation, Belk, Inc. successor by merger to Belk Charlotte, Inc., a North Carolina Corporation and United States Steel and Carnegie Pension Fund, a Pennsylvania NonProfit Corporation.

Supreme Court of North Carolina.

June 27, 2002.


Attorney(s) appearing for the Case

Kenneth T. Davies, Charlotte, for Summers et al.

Robert E. Hagemann, Senior Assistant City Attorney, for City of Charlotte.

Kiran H. Mehta, Roy H. Michaux, Jr., Bailey Patrick, Jr., John H. Carmichael, Samuel T. Reaves, Charlotte, for Southpark.

Andrew S. O'Hara, Jeffrey J. Davis, Jennifer L. Greene, Charlotte, for US Steel & Carnegie Pension Fund.

Karen A. Sindelar, Assistant City Attorney, for City of Durham.

Mark C. Cramer, for Real Estate and Bldg. Coalition.


Prior report: ___ N.C.App. ___, 562 S.E.2d 18.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendants, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion...

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