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A. PERIN DEVELOPMENT CO. v. TY-PAR REALTY

No. COA07-1500.

667 S.E.2d 324 (2008)

A. PERIN DEVELOPMENT COMPANY, LLC, Plaintiff, v. TY-PAR REALTY, INC., Defendant.

Court of Appeals of North Carolina.

October 21, 2008.

Attorney(s) appearing for the Case

Johnston, Allison & Hord, P.A., by Martin L. White and John C. Lindley, III, Charlotte, for plaintiff-appellant.

McNair Law Firm, by Allan W. Singer and Louis G. Spencer, Charlotte, for defendant-appellee.

STROUD, Judge.

Plaintiff A. Perin Development Company, LLC, appeals from order entered 27 September 2007 dismissing its complaint for declaratory judgment or to quiet title. We affirm.

I. Background

The relevant facts are simple and undisputed. Plaintiff and defendant own adjacent tracts of land in Union County, North Carolina. Defendant owns an easement for a right-of-way across plaintiff's land. Defendant's easement was expressly granted by plaintiff...

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