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OCEAN HILL JOINT VENTURE v. CURRITUCK

No. COA05-1405.

630 S.E.2d 714 (2006)

OCEAN HILL JOINT VENTURE, Ocean Hill Properties, Inc.; The Villages at Ocean Hill Community Association, Inc.; Ernest Wood & wife, Jane Wood; Richard Gonzalez & wife, Debra Gonzalez; Rosalee Chiara; Robert Ramirez & wife, Janice Serino; Gary Robinson & wife, Susan Robinson; Daniel Hunt & wife, Cathy Hunt; Barry Heyman & wife, Ellen Heyman; Stephen Daimler & wife, Carol Daimler; David Bova & wife, Carrie Bova, Petitioners/Appellees v. The CURRITUCK COUNTY BOARD OF COMMISSIONERS, Respondent, and Ocean Hill I Property Owners Association, Inc., Respondent/Appellant.

Court of Appeals of North Carolina.

June 20, 2006.

Attorney(s) appearing for the Case

C. Everett Thompson, II, Elizabeth City, for petitioners-appellees.

Katherine F. McKenzie, Currituck, for respondent-appellee.

The North Carolina Association of County Commissioners, by James B. Blackburn, III, Raleigh, amicus curiae.

Robinson, Bradshaw & Hinson, P.A., by John R. Wester and Jonathan C. Krisko and Trimpi & Nash, LLP, by Thomas P. Nash, IV, and John G. Trimpi, Charlotte, for respondent-appellant.

CALABRIA, Judge.

Ocean Hill I Property Owners Association ("appellant") appeals the judgment entered upon a jury verdict determining the closing of the public roads and streets in Section 1 of the Ocean Hill Subdivision ("Ocean Hill I") to the general public was contrary to the public interest. Appellant also appeals the court's order denying their motion for a new trial. We find no error.

In the late 1970's in...

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