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LAWYER v. CITY OF ELIZABETH CITY

No. COA08-765.

681 S.E.2d 415 (2009)

David LAWYER & Sheila Lawyer, Plaintiffs, v. CITY OF ELIZABETH CITY North Carolina and Brent Thornton, Defendants.

Court of Appeals of North Carolina.

August 18, 2009.

Attorney(s) appearing for the Case

Sharp, Michael, Graham & Evans L.L.P., by David R. Tanis and Laura F. Meads, Kitty Hawk, for plaintiffs-appellants.

Hornthal, Riley, Ellis & Maland, L.L.P., by L. Phillip Hornthal, III, for Elizabeth City, for defendants-appellees.

JACKSON, Judge.

David and Sheila Lawyer ("plaintiffs") appeal the allowing of summary judgment in favor of the City of Elizabeth City, North Carolina ("the City") and Brent Thornton ("Thornton") (collectively "defendants"). For the reasons stated below, we reverse.

On or about 24 September 1999, Buena Ballance, Myrtle Ballance, Rosalie Hardy, Alvin Ballance, David Ballance, and Royce Ballance ("the Ballances") acquired real property located at 405 East Broad...

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