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BNT CO. v. BAKER PRECYTHE DEVELOPMENT CO.

No. COA01-596.

564 S.E.2d 891 (2002)

BNT COMPANY, a North Carolina General Partnership composed of Vassilios A. Saffo, Nicholas A. Saffo and Anthony A. Saffo; Mark A. Gilson; Zion Kapach and wife, Dorit Kapach and Harold E. Roseman and wife, Eloise T. Roseman, Plaintiffs/Appellees, v. BAKER PRECYTHE DEVELOPMENT COMPANY, a North Carolina Corporation, Defendant/Third Party Plaintiff/Appellant, v. A.V. (Dokey) Saffo, Jack Stocks and University Group, Inc., Third Party Defendants/Appellees.

Court of Appeals of North Carolina.

June 18, 2002.

Attorney(s) appearing for the Case

Hogue Hill Jones Nash & Lynch, L.L.P., by David A. Nash, Wilmington, for plaintiff-appellees.

Murchison, Taylor & Gibson, L.L.P., by Michael Murchison, Wilmington, for defendant/third party plaintiff-appellant.

Johnson & Lambeth, by Robert W. Johnson and Anna Johnson Averitt, for third party defendant-appellees.

MARTIN, Judge.

Plaintiffs brought this action seeking monetary damages and injunctive relief upon allegations that defendant Baker Precythe Development Corporation (Baker) had created a private nuisance by filling in a drainage ditch, resulting in damage to their property. Defendant Baker denied that any action on its part had damaged plaintiffs, counterclaimed against plaintiffs Roseman for trespass, and filed a third party complaint against third party defendants...

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