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PERRY v. BAXLEY DEVELOPMENT, INC.

No. COA07-57.

655 S.E.2d 460 (2008)

Duncan W. PERRY and wife, Mary L. Lavery-Perry, Plaintiffs v. BAXLEY DEVELOPMENT, INC., Defendant.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Block, Crouch, Keeter, Behm & Sayed, L.L.P., by Christopher K. Behm, Wilmington, for plaintiff-appellees.

Fletcher, Ray & Satterfield, L.L.P., by George L. Fletcher and Elizabeth Wright Embrey, Wilmington, for defendant-appellant.

HUNTER, Judge.

Baxley Development, Inc. ("defendant") appeals the denial of its motion to set aside a preliminary injunction obtained by Duncan W. Perry and Mary L. Lavery-Perry ("plaintiffs"). After careful consideration, we reverse the trial court and remand with instructions to set aside the preliminary injunction.

On 25 January 2006, plaintiffs filed a notice of lis pendens and a complaint for specific performance of an offer to purchase real property...

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