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INLAND HARBOR HOMEOWNERS ASSOCIATION, INC. v. JOSEPHS MARINA, LLC

No. 156P12.

748 S.E.2d 524 (2012)

INLAND HARBOR HOMEOWNERS ASSOCIATION, INC. v. ST. JOSEPHS MARINA, LLC, Renaissance Holdings, LLC, St. Josephs Partners, LLC, Dewitt Real Estate Services, Inc., Dennis Barbour, Randy Gainey, Thomas A. Saieed, Jr., Todd A. Saieed, Robert D. Jones, and The North Carolina Coastal Resources Commission.

Supreme Court of North Carolina.

June 13, 2012.

Attorney(s) appearing for the Case

Don T. Evans, Jr. , Wilmington, for Inland Harbor Homeowner's Association, Inc.

Gilbert C. Laite, III , Raleigh, for St. Josephs Marina, LLC, et al.

John Coble , Wilmington, for St. Josephs Marina, LLC, et al.

Seth P. Buskirk , Wilmington, for Inland Harbor Homeowner's Association, Inc.

ORDER

It appearing that the Court of Appeals has not addressed the issue, briefed on appeal, of whether or not defendant's motion for summary judgment was properly granted by the trial court, plaintiff's Petition for Discretionary Review is ALLOWED for the limited purpose of remanding to that court to address the issue. Defendant's Conditional Petition for Discretionary Review is DISMISSED as moot.

"Spec Order by order of the Court in conference...

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