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TOWN OF HIGHLANDS v. HENDRICKS

No. 323P04.

605 S.E.2d 149 (2004)

359 N.C. 75

THE TOWN OF HIGHLANDS, a North Carolina Municipal Corporation v. Kathryn B. HENDRICKS, and husband, Nathan Hendricks, III, Susan B. Inman, and husband, Edward Inman; Sidney Louis McCarty, III, Mary McCarty Pressley, Margaret McCarty Early, and the Estate of Sidney Louis McCarty, Jr.; John Henry Cheatham, III, Successor Trustee of the Leila Barnes Cheatham North Carolina Residence Trust, and Leila Barnes Cheatham; Alice Monroe Nelson and L. Kent Nelson; Michael Wentz; Kalalanta Corporation, A Florida Corporation; Mildred T. Johnson and Mildred Fentriss Thornton Felton; Alice Blanc Monroe Nelson and husband, L. Kent Nelson, Linda Logan Monroe, Raburn Blanc Monroe Kelly and wife, Stacey Kelly, Julian Dantzler Kelly, III, Bunrotha Limited Partnership, Moyna Blair Monroe, Diana Monroe Lewis, and J. Thomas Lewis; Bunrotha Limited Partnership, a Georgia Limited Partnership, and Malcolm Logan Monroe; and Walter Preston Evins, Samuel N. Evins, Jr. and Susan C. Evins.

Supreme Court of North Carolina.

October 6, 2004.

Attorney(s) appearing for the Case

Martin Reidinger, Asheville, for Hendricks et al.

William H. Coward, Cashiers, for Town of Highlands.

ORDER

Upon consideration of the petition filed on the 1st day of July 2004 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of October 2004."

Justice MARTIN...

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