TOWN OF MIDLAND v. MORRIS

No. 78P11.

710 S.E.2d 1 (2011)

TOWN OF MIDLAND, Plaintiff v. Harry T. MORRIS and Maralyn R. Morris, Defendants and Town of Midland, Plaintiff v. John S. Wagner and Anne D. Wagner, Defendants and Town of Midland, Plaintiff v. Beverly F. Chapman, Defendant and Town of Midland, Plaintiff v. Brenda Seaford, Harold Gray Seaford & Ben F. Fisher, Defendants and Town of Midland, Plaintiff v. Jimmy Ray Wilkinson and Gilda S. Wilkinson, Defendants and Town of Midland, Plaintiff v. Vaudrey Mesimer and Edith Mesimer, Defendants and Town of Midland, Plaintiff v. Dorothy Drescher Black, Defendant and Town of Midland, Plaintiff v. Marlene T. Cook and Jennings R. Cook, Defendants and Town of Midland, Plaintiff v. Albertine L. Smith, Defendant and Town of Midland, Plaintiff v. Wilmer Melton, Jr. and Harriet L. Melton, Defendants and Town of Midland, Plaintiff v. Billy James, Norris James and Amelia Goodnight, Defendants and Town of Midland, Plaintiff v. Concord Police Club, Inc., Defendant and Town of Midland, Plaintiff v. Theron Keith Honeycutt and Ann Nash Honeycutt, Defendants and Town of Midland, Plaintiff v. Theron Keith Honeycutt and Ann Nash Honeycutt, Defendants and Harry T. Morris and Maralyn R. Morris, Plaintiffs v. Town of Midland, Defendant and Jimmy Ray Wilkinson and Gilda S. Wilkinson, Plaintiffs v. Town of Midland, Defendant and Vaudrey Mesimer and Edith Mesimer, Plaintiffs v. Town of Midland, Defendant and Marlene T. Cook and Jennings R. Cook, Plaintiffs v. Town of Midland, Defendant and Albertine L. Smith, Trustee, Plaintiff v. Town of Midland, Defendant and Billy James, Norris James and Amelia Goodnight, Plaintiffs v. Town of Midland, Defendant and Dorothy Drescher Black, Plaintiff v. Town of Midland, Defendant and Concord Police Club, Inc., Plaintiff v. Town of Midland, Defendant.

Supreme Court of North Carolina.

April 7, 2011.


Attorney(s) appearing for the Case

Keith J. Merritt , Charlotte, for Harry T. Morris.

Fletcher Hartsell, Jr. , Concord, for Town of Midland.

James Scarbrough , Concord, for John S. Wagner, et al.

M. Gray Styers, Jr. , Raleigh, for Town of Midland.


ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendants/Plaintiffs on the 22nd of February 2011 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendants/Plaintiffs (Town of Midland), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is...

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