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HYATT v. TOWN OF LAKE LURE

No. CIV. 1:02CV94.

225 F.Supp.2d 647 (2002)

Patricia HYATT, Plaintiff, v. TOWN OF LAKE LURE; H.M. (Chuck) Place, III; Terri Potts; Blaine Cox; George Pressley; and Lea Hullinger, Defendants.

United States District Court, W.D. North Carolina. Asheville Division.

August 26, 2002.

Attorney(s) appearing for the Case

William R. White, White & Dalton, Brevard, NC, J. Thomas Davis, Forest City, NC, for Plaintiff.

Sandra M. King, Russell & King, P.A., Asheville, NC, for Defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' motion to dismiss for failure to state a claim and on the Plaintiff's motion to amend complaint. For the reasons stated below, the Plaintiff's motion to amend is granted and the Defendants' motion to dismiss is granted in part and denied in part.

I. FACTUAL HISTORY

In the 1920's, Chimney Rock Mountains, Inc. ("Chimney Rock") acquired...

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