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NNN DURHAM OFFICE PORTFOLIO 1, LLC v. HIGHWOODS REALTY LIMITED PARTNERSHIP

No. 263P17-2.

832 S.E.2d 719 (2019)

NNN DURHAM OFFICE PORTFOLIO 1, LLC; James Osmond; NNN Durham Office Portforlio 2, LLC; James Sun Yu Lam; NNN Durham Office Portfolio 3, LLC; Gary F. Turtle; NNN Durham Office Portfolio 4, LLC; Sherry L. Turtle; NNN Durham Office Portfolio 5, LLC; Gregory R. Maloney; NNN Durham Office Portfolio 6, LLC; Sharon I. Maloney; NNN Durham Office Portfolio 7, LLC; Ray Miller, Trustee; Patricia M. Miller, Trustee; NNN Durham Office Portfolio 9, LLC; PCL Property, LLC; NNN Durham Office Portfolio 10, LLC; Frances H. Keiffer, Trustee; NNN Durham Office Portfolio 11, LLC; Frank A. Norman, Jr.; NNN Durham Office Portfolio 12, LLC; St. Kitts Investments, LLC; NNN Durham Office Portfolio 13, LLC; Fannie B. Blackwelder; NNN Durham Office Portfolio 14, LLC; Barbara L. Davidson, Trustee; NNN Durham Office Portfolio 15, LLC; Frederick J. Hornbacher, Trustee; NNN Durham Office Portfolio 16, LLC; Roberta MacGregor Masson, Trustee; NNN Durham Office Portfolio 17, LLC; William B. Wachter II, Trustee; NNN Durham Office Portfolio 18, LLC; Susan B. Wachter, Trustee; NNN Durham Office Portfolio 19, LLC; Pell/Cruz Investments, Inc.; NNN Durham Office Portfolio 20, LLC; Jack R. Brown; NNN Durham Office Portfolio 21, LLC; Patricia A. Brown; NNN Durham Office Portfolio 22, LLC; Jack D. Laflesch, Trustee; NNN Durham Office Portfolio 24, LLC; Muriel Sample, Successor Trustee; James K. Merrill, Successor Trustee; NNN Durham Office Portfolio 26, LLC; C.G.B.M.T. Enterprises, Inc.; NNN Durham Office Portfolio 27, LLC; Susan E. Wagner; NNN Durham Office Portfolio 28, LLC; Frederic J. Van Dis; NNN Durham Office Portfolio 29, LLC; Lawrence A. Wattson, Trustee; Stephanie T. Wattson, Trustee; NNN Durham Office Portfolio 30, LLC; Darrin A. Smith; NNN Durham Office Portfolio 32, LLC; Kenneth Deno McLamb; NNN Durham Office Portfolio 33, LLC; Cynthia L. McLamb; NNN Durham Office Portfolio 34, LLC; Mark B. Pista; and Carol E. Pista v. HIGHWOODS REALTY LIMITED PARTNERSHIP; Highwoods DLF 98/29, LLC; Highwoods DLF, LLC; Highwoods Properties, Inc.; Grubb & Ellis/Thomas Linderman Graham; and Thomas Linderman Graham Inc.

Supreme Court of North Carolina.

September 25, 2019.

Attorney(s) appearing for the Case

Thomas H. Stark , Attorney at Law, For NNN Durham Office Portfolio 1, LLC, et al.

J. Anthony Penry , Attorney at Law, For NNN Durham Office Portfolio 1, LLC, et al.

Michael T. Medford , Attorney at Law, Raleigh, For Grubb & Ellis/Thomas Linderman Graham, et al.

Jonathan D. Sasser , Attorney at Law, Raleigh, For Highwoods Realty Limited Partnership, et al.

Seth Allen Neyhart , Attorney at Law, For NNN Durham Office Portfolio 1, LLC, et al.

Jeremy M. Falcone , Attorney at Law, For Highwoods Realty Limited Partnership, et al.

James Michael Weiss , Attorney at Law, For Highwoods Realty Limited Partnership, et al.

Emily Erixson , Attorney at Law, Raleigh, For Highwoods Realty Limited Partnership, et al.

J. Whitfield Gibson , Attorney at Law, For Grubb & Ellis/Thomas Linderman Graham, et al.

Eric Hunt , For NNN Durham Office Portfolio 1, LLC, et al.

ORDER

Upon consideration of the petition filed on the 25th of October 2018 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 25th of September...

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