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FALKSON v. CLAYTON LAND CORP.

No. COA04-1596.

621 S.E.2d 215 (2005)

Frank H.R. FALKSON, Kenneth Collier, Francis Carter, Albert G. Folcher, III, Victor Vance, Burt Moody, and Waterway Landing-Pocosin Farms Property Owners Association, Plaintiffs, v. CLAYTON LAND CORPORATION, 3-B Farms, Inc., and Jimmy D. Brinn, Jr., and wife, Paula O. Brinn, Defendants.

Court of Appeals of North Carolina.

November 15, 2005.

Attorney(s) appearing for the Case

George Thomas Davis, Jr., Davis & Davis, Swan Quarter, for the plaintiffs-appellants.

Keith B. Mason and McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III, and Terri W. Sharp, Washington, for Clayton Land Corporation and Jimmy D. Brinn, Jr. and wife, Paula O. Brinn, defendants-appellees.

Franklin B. Johnston, Washington, for 3-B Farms, Inc., defendants-appellees.

JACKSON, Judge.

The facts giving rise to this appeal are undisputed. Plaintiffs and defendants, through a series of conveyances, are the owners, or representatives of the owners, of parcels of property which originally comprised a single piece of property owned by the Rich family. The properties owned by plaintiffs and the properties of the owners represented by the Waterway Landing-Pocosin Farms Property Owners Association ("Homeowner's Association") originally were...

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