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LAUREL VALLEY WATCH, INC. v. MOUNTAIN ENTERPRISES OF WOLF RIDGE, LLC

No. COA07-1336.

665 S.E.2d 561 (2008)

LAUREL VALLEY WATCH, INC., a North Carolina Nonprofit Corporation, Plaintiff, v. MOUNTAIN ENTERPRISES OF WOLF RIDGE, LLC, a North Carolina Limited Liability Company; Haw Mountain, Inc., a North Carolina Business Corporation; Richard Bussey, a North Carolina Resident d/b/a Scenic Wolf Laurel, LLC; Wolf Ridges Ski and Realty, Inc., a North Carolina Business Corporation; Scenic Wolf Development, LLC, a North Carolina Limited Liability Company; Wolf's Crossing, Inc., a North Carolina Business Corporation; Madison County, North Carolina; and Madison County Board of Commissioners, Defendants.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

Gary A. Davis & Associates, by Gary A. Davis, Hot Springs, for Plaintiff-Appellant.

Long, Parker, Warren & Jones, P.A., by Philip S. Anderson and Robert B. Long, Jr., and Leake & Scott, by Larry Leake, Asheville, for Defendants-Appellees.

STEPHENS, Judge.

Laurel Creek runs through Laurel Valley in Madison County. Plaintiff Laurel Valley Watch, Inc., a nonprofit corporation formed by residents of Madison County on 6 January 2006, initiated this action on 9 March 2006 by filing a complaint in superior court seeking declaratory and injunctive relief on allegations that Defendants Mountain Enterprises of Wolf Ridge, LLC, Haw Mountain, Inc., and Richard Bussey ("Rick Bussey" or "Bussey") were violating...

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