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PARKER v. FIGURE "8" BEACH HOMEOWNERS

No. COA04-661.

611 S.E.2d 874 (2005)

Raymond Clifton PARKER, Plaintiff, v. FIGURE "8" BEACH HOMEOWNERS' ASSOCIATION, INC., and the County of New Hanover, Defendants.

Court of Appeals of North Carolina.

May 3, 2005.

Attorney(s) appearing for the Case

Johnson & Johnson, P.A., by Rebecca J. Davidson, Lillington, for plaintiff-appellant.

Patterson, Dilthey, Clay, Bryson & Anderson, L.L.P., by Stuart L. Egerton, Wilmington, for defendant-appellee Figure "8" Beach Homeowners' Association, Inc.

E. Holt Moore, III, Wilmington, for defendant-appellee New Hanover County.

HUDSON, Judge.

This case concerns a dispute between a coastal homeowner's association and one of its members about the association's authority to levy a special assessment for dredging and maintenance of a waterway. On 21 February 2002, plaintiff Raymond Clifton Parker sued for judgment declaring that a vote on the assessment, the assessment itself, and a contract between defendant New Hanover County ("the county") and defendant Figure "8" Beach Homeowners' Association...

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