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ELLIOTT v. MUEHLBACH

No. COA04-1128.

620 S.E.2d 266 (2005)

Mark and Betsey ELLIOTT, Kim and Lewis Caraganis, Wayne Thorn and Robin Whitten, Joey Howell and Lisa Neal, Pat Wesley and David Green, Plaintiffs, v. James and Mary MUEHLBACH, Defendants.

Court of Appeals of North Carolina.

October 18, 2005.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P., by Keith H. Johnson, Raleigh, for plaintiffs-appellees.

Stark Law Group, P.L.L.C., by Thomas H. Stark and W. Russell Congleton, Chapel Hill, for defendants-appellants.

GEER, Judge.

Plaintiffs Mark and Betsey Elliott, Kim and Lewis Caraganis, Wayne Thorn and Robin Whitten, Joey Howell and Lisa Neal, and Pat Wesley and David Green, brought suit against defendants James and Mary Muehlbach, alleging that defendants' construction and use of a racetrack for all terrain vehicles ("ATVs") on defendants' property constituted a nuisance. Defendants appeal from the trial court's order granting a...

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