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TOWN OF LELAND v. HWW, LLC

No. COA08-987-2.

725 S.E.2d 1 (2010)

TOWN OF LELAND, N.C., Plaintiff v. HWW, LLC and Westport Homeowners' Association, Inc., Defendants.

Court of Appeals of North Carolina.

April 6, 2010.

Attorney(s) appearing for the Case

Wessell & Raney, LLP, Wilmington, by John C. Wessell, III , for plaintiff-appellee.

Hogue Hill Jones Nash & Lynch, LLP, Wilmington, by David A. Nash , and Anna J. Averitt , for defendant-appellant HWW, LLC.

Marshall, Williams & Gorham, LLP, Wilmington, by Charles D. Meier , for defendant-appellee Westport Homeowners' Association.

CALABRIA, Judge.

HWW, LLC ("HWW" or "developer") appeals the trial court's grant of summary judgment in favor of the Town of Leland ("the Town" or "plaintiff"). We remand the case to the trial court.

HWW is the developer of the Westport subdivision in Leland, North Carolina. Defendant Westport Homeowners' Association, Inc. ("WHOA") is the current owner of the real property which is the subject of this action.

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