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JONES v. ROBBINS

Nos. COA07-375, COA07-488.

660 S.E.2d 118 (2008)

John E. JONES and wife, Frances E. Jones, Petitioners v. George D. ROBBINS, Jr., Maxine Robbins Brinkley, and husband, Martin C. Brinkley, Mary P. Coston, Brian F. Coston and wife, Tracy H. Coston, William H. Cook and wife, Jacqueline L. Cook, William H. Robbins, Jr., Corbett Industries, Incorporated, Blue Banks Plantation, LLC, and First Baptist Church of Wilmington, North Carolina, successor in interest to the estate of James H. Smith, Respondents.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Lawrence S. Craige & Associates, P.A., by Lawrence S. Craige, Wilmington, for petitioners-appellees.

Stevens, McGhee, Morgan, Lennon, Toll & Carter, L.L.P., by Richard M. Morgan, Wilmington, for respondent-appellant Corbett Industries, Incorporated.

Crossley, McIntosh & Collier, PLLC, by Clay Allen Collier, Wilmington, for respondent-appellee First Baptist Church of Wilmington, North Carolina.

STEELMAN, Judge.

Where the precise location of respondents' properties and the location of a proposed cartway were not an issue before the jury, the trial court did not err in denying appellant's motions for directed verdict or judgment notwithstanding the verdict. The trial court did not abuse its discretion in refusing to give a proposed jury instruction pertaining to appellant's assertion that petitioners intended to develop the property for residential purposes...

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