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Z.A. SNEEDEN'S SONS v. ZP NO. 116

No. COA07-1031.

660 S.E.2d 204 (2008)

Z.A. SNEEDEN'S SONS, INC., Plaintiff, v. ZP NO. 116, L.L.C., Defendants and Third-Party Plaintiff, and Lowe's Home Centers, Inc., and McDonald's Corporation, Defendants, v. Stuart Sneeden and Z.A. Sneeden, L.L.C., Third-Party Defendants and Third-Party Plaintiffs, v. Jeffrey Zimmer, Third-Party Defendant.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Boxley, Bolton, Garber & Haywood, L.L.P., by Ronald H. Garber, Raleigh, for plaintiff-appellant and for third-party defendants and third-party plaintiff-appellants Stuart Sneeden and Z.A. Sneeden, L.L.C.

Ward and Smith, P.A., by Ryal W. Tayloe and Thomas S. Babel, Wilmington, for defendant and third-party plaintiff-appellee ZP No. 116, L.L.C. and for third-party defendant-appellee Jeffrey Zimmer.

Hunton & Williams, L.L.P., by Robert C. Van Arnam, Raleigh, for defendant-appellee McDonald's Corporation.

Hogue, Hill, Jones, Nash & Lynch, L.L.P., by Wayne A. Bullard and Anna J. Averitt, Wilmington, for defendant-appellees Lowe's Home Centers, Inc.

TYSON, Judge.

Z.A. Sneeden's Sons, Inc. and Z.A. Sneeden, L.L.C. (collectively, "plaintiffs") appeal order entered granting summary judgment in favor of ZP No. 116, Lowe's Home Centers, Inc., McDonald's Corporation, and Jeffrey Zimmer (collectively, "defendants"). We affirm in part, reverse in part, and remand.

I. Background

In early 2000, Jeffery Zimmer and ZP No. 116 ("ZP") contemplated the development of several tracts of property near...

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