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SHADOW GROUP v. HEATHER HILLS HOME OWNERS

No. COA02-493.

579 S.E.2d 285 (2003)

THE SHADOW GROUP, LLC, Plaintiff, v. HEATHER HILLS HOME OWNERS ASSOCIATION, Defendant.

Court of Appeals of North Carolina.

February 18, 2003.

Attorney(s) appearing for the Case

Hunter, Elam, Benjamin & Tomlin, by Jason A. Knight, for plaintiff-appellee.

Hatfield, Mountcastle, Deal, Van Zandt & Mann, LLP, by Marc Hunter Eppley, Winston-Salem, for defendant-appellant.

MARTIN, Judge.

Plaintiff filed a complaint in this action alleging that it purchased a townhouse on a parcel of real property located in the Heather Hills subdivision in September 1999. At that time, and since 1974, defendant was the owner of all common areas in the subdivision. Plaintiff alleged that as early as July 1997, defendant was aware that water from the common areas flowed into the basements of various townhouses in the subdivision, including the townhouse...

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