McCOLL v. ANDERSON

No. COA01-1089.

567 S.E.2d 203 (2002)

James C. McCOLL, Plaintiff, v. Henry L. ANDERSON, Jr., and wife, Frances W. Anderson, Defendants.

Court of Appeals of North Carolina.

August 6, 2002.


Attorney(s) appearing for the Case

Clement & Yates, by Charles E. Clement, Boone; and Moore & Van Allen, PLLC, by George V. Hanna, III, Charlotte, for plaintiff-appellant.

Anderson, Daniel & Coxe, by Bradley A. Coxe, Wrightsville Beach; and Di Santi, Watson & Capua, by Anthony S. Di Santi, Boone, for defendants-appellees.


WALKER, Judge.

Plaintiff appeals from an order denying his motion for a preliminary injunction. The relevant facts are as follows: Plaintiff and defendants are the owners of adjoining tracts of property located in the Reed Subdivision in Blowing Rock. Pursuant to the deeds within the parties respective chains of title, defendants' property is subject to an easement for a driveway which provides plaintiff with access from his property to U.S. Highway 321 (Highway 321...

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