TOWN OF MATTHEWS v. WRIGHT

No. COA08-270.

669 S.E.2d 841 (2008)

TOWN OF MATTHEWS, a North Carolina municipal corporation, Plaintiff, v. Lester E. WRIGHT and Wife, Virginia J. Wright, Defendants.

Court of Appeals of North Carolina.

December 16, 2008.


Attorney(s) appearing for the Case

Buckley, McMullen & Buie, P.A., by Charles R. Buckley, III, Charlotte, for plaintiff-appellant.

Blanco, Tackabery, Combs & Matamoros, P.A., by Peter J. Juran, Winston-Salem, for defendant-appellees.


BRYANT, Judge.

Plaintiff appeals from the trial court's order of partial summary judgment entered 11 December 2007 ordering that "Home Place" is a private road. The trial court certified the order as a final order pursuant to North Carolina Rules of Civil Procedure, Rule 54(b). For the reasons stated below, we reverse and remand.

On 19 April 2007, plaintiff filed a complaint in Mecklenburg County Superior Court which alleged that defendants erected two signs...

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