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CONNOLLY v. ROBERTSON

No. COA01-1047.

567 S.E.2d 193 (2002)

Joseph T. CONNOLLY and wife, Patricia A. Connolly; Phillip Crawford; Wendell Hainlin and wife, Mary E. Hainlin; Richard C. Halford and wife, Melinda Halford; Ronald Halliburton and wife, Shirley Halliburton; Patrick S. Lloyd; Mark S. Morris and wife, Darlene A. Morris; S. Jason Troncale and wife, Linda L. Troncale; M.D. Ward and wife, Annette P. Ward, Plaintiffs, v. Colin ROBERTSON, Defendant.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Ball Barden & Bell, P.A., by Stephen L. Barden, III, Asheville, for plaintiff-appellees.

Ferikes & Bleynat, P.L.L.C., by Joseph A. Ferikes, Asheville, for defendant-appellant.

CAMPBELL, Judge.

Summer Haven is a platted and recorded subdivision located in Buncombe County. Plaintiffs are homeowners who own lots in sections "C" and "D" of Summer Haven. A circular road (hereinafter "Loop Road") serves these lots and is the subject of this appeal. Loop Road is a one-way road that has never been dedicated or used as a public way or accepted by any governmental body or agency. None of the lots acquired in Summer Haven gave plaintiffs a deed to...

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