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MOORE'S FERRY v. CITY OF HICKORY

No. COA03-1271.

601 S.E.2d 900 (2004)

MOORE'S FERRY DEVELOPMENT CORPORATION, Plaintiff, v. CITY OF HICKORY, Defendant and Third-Party Plaintiff, v. Moore's Ferry Owners Association, Inc. (aka Moore's Ferry Homeowners Association, Inc.), Third-Party Defendant.

Court of Appeals of North Carolina.

September 21, 2004.

Attorney(s) appearing for the Case

Rufus F. Walker, Jr., Hickory, for plaintiff-appellant.

Gorham, Crone, Mace & Green, by John W. Crone, III, Hickory, for defendant-appellee.

Shumaker, Loop & Kendrick, L.L.P., by Steven A. Meckler, Charlotte, for third-party defendant.

THORNBURG, Judge.

Plaintiff appeals from an order granting summary judgment in favor of defendant and denying a motion for summary judgment filed by plaintiff.

Facts

The record tends to establish the following: Plaintiff is a North Carolina corporation in the real estate development business. In 1985, plaintiff owned a tract of land in Catawba County and developed it into a subdivision known as the Landing at Moore's Ferry ("Old Moore's Ferry...

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