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STONECREEK SEWER ASS'N v. MORGAN DEVELOPER

No. COA06-311.

635 S.E.2d 485 (2006)

STONECREEK SEWER ASSOCIATION, Mitchell K. Woody and wife, Sherri Woody, George W. Gould and wife, Sharon Gould, Danny Dewitt Burnett and wife, Linda Darlene Burnett, David Richard Kindley and wife, Julie Fore Kindley, Teresa E. Whitmire, Christopher T. Mall, Perry R. Scott and wife, Gail E. Scott, Plaintiffs, v. GARY D. MORGAN DEVELOPER, INC., Gary D. Morgan, Virginia W. Morgan, Harvey H. Moore and wife, Doris W. Moore, Defendants.

Court of Appeals of North Carolina.

October 17, 2006.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., by William Clarke, Asheville, for plaintiffs-appellees.

No brief filed for defendants-appellees Gary D. Morgan Developer, Inc., Gary D. Morgan, and Virginia W. Morgan.

Sharon B. Alexander, Hendersonville, for defendants-appellants.

TYSON, Judge.

Harvey H. and Doris W. Moore (the "Moores") appeal from order entered holding Stonecreek Sewer Association, Mitchell K. and Sherri Woody, George W. and Sharon Gould, Danny Dewitt and Linda Darlene Burnett, David Richard and Julie Fore Kindley, Teresa E. Whitmire, Christopher T. Mall, Perry R. and Gail E. Scott (collectively, "plaintiffs"), property owners for lots 1, 3, 5, 7, 9, 11, and 13, own a non-exclusive...

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