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ASHEVILLE SPORTS PROP. v. CITY OF ASHEVILLE

No. COA08-1085.

683 S.E.2d 217 (2009)

ASHEVILLE SPORTS PROPERTIES, LLC, and Asheville Sports, Inc., also d/b/a Ski Country Sports, Plaintiffs, v. The CITY OF ASHEVILLE, Defendant.

Court of Appeals of North Carolina.

September 1, 2009.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., by Mark C. Kurdys and Ann-Patton Nelson Hornthal, Asheville, for plaintiffs-appellants.

Barbour Law Firm, PLLC, by Frederick S. Barbour; and Assistant City Attorney Martha Walker-McGlohon, for defendant-appellee.

GEER, Judge.

Plaintiffs Asheville Sports Properties, LLC ("ASP") and Asheville Sports, Inc. ("Asheville Sports") appeal the trial court's grant of summary judgment to defendant, the City of Asheville. Two sinkholes developed on plaintiffs' property as a result of the failure of storm water drainage pipes running under plaintiffs' parking lot. Plaintiffs first contend that the City should be liable for the damage because it failed to maintain and repair the pipes....

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