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COUNTY OF DURHAM v. DAYE

No. COA07-1532.

673 S.E.2d 683 (2009)

The COUNTY OF DURHAM, and The City of Durham, Plaintiffs, v. Edgar R. DAYE and wife Ella M. Daye (now both Deceased), Owners; All Assignees, Heirs at Law and Devisees of Edgar R. Daye and or Ella M. Daye together with all Creditors and Lienholders regardless of how or through whom they claim, and any and all Persons Claiming any Interest in the Estates of Edgar R. Daye and/or Ella M. Daye, Defendants.

Court of Appeals of North Carolina.

March 3, 2009.

Attorney(s) appearing for the Case

Durham County Attorney, S.C. Kitchen, Durham, for plaintiff-appellant County of Durham.

The Banks Law Firm, P.A., by Sherrod Banks; The Roseboro Law Firm, PLLC, by John Roseboro, Research Triangle Park, for plaintiff-appellant City of Durham.

No brief filed on behalf of plaintiff-appellee Chidinma Nweke.

Michaux & Michaux, P.A., by Eric C. Michaux, Durham, for defendants-appellees.

GEER, Judge.

Plaintiffs, the City of Durham and the County of Durham, appeal from the trial court's final order requiring the City and County to pay damages and attorneys' fees to the heirs and devisees of Edgar R. Daye and Ella M. Daye, the defendants in this case. Defendants had filed a motion pursuant to Rule 60 of the Rules of Civil Procedure, seeking relief from a judgment by default entered for non-payment of city and county taxes. In that motion, defendants...

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