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SE JURISDICTIONAL ADMIN'VE CNCL. v. EMERSON

No. COA06-1564.

655 S.E.2d 719 (2008)

SOUTHEASTERN JURISDICTIONAL ADMINISTRATIVE COUNCIL, INCORPORATED, Plaintiff v. Gordon W. EMERSON, Diane R. Emerson, Paul D. Huffman, Donald N. Patten and Virginia B. Patten, Defendants.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Adams Hendon Carson Crow & Saenger, P.A., by George Ward Hendon and Matthew S. Roberson, Asheville, for plaintiff-appellee.

Brown, Ward and Haynes, P.A., by Frank G. Queen, Waynesville, for defendant-appellants Gordon W. Emerson, Diane R. Emerson, and Paul D. Huffman; Brown & Patten, P.A., Waynesville, by Donald N. Patten, for defendant-appellants, pro se and Virginia B. Patten.

BRYANT, Judge.

Gordon W. Emerson, Diane R. Emerson, Paul D. Huffman, Donald N. Patten, and Virginia B. Patten (collectively, "defendants") appeal from an order granting summary judgment to Southeastern Jurisdictional Administrative Council, Incorporated ("plaintiff"). For the reasons stated herein, we affirm in part and reverse in part.

Facts

Plaintiff is an organization that owns and develops land in Haywood County, including the Lake Junaluska...

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