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REESE v. MECKLENBURG COUNTY

No. COA08-1417.

685 S.E.2d 34 (2009)

Jerry Alan REESE, as a Taxpayer and Citizen in and of Mecklenburg County, North Carolina, on behalf of himself and all other Taxpayers and Citizens of Mecklenburg County, Plaintiff, v. MECKLENBURG COUNTY North Carolina; and Knights Baseball, LLC, Defendants.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Jerry Alan Reese, Charlotte, pro se.

Robinson, Bradshaw & Hinson, P.A., by A. Ward McKeithen and Jonathan C. Krisko, Charlotte, for defendant-appellee Mecklenburg County, North Carolina.

Hamilton Moon Stephens Steele & Martin, PLLC, by Jackson N. Steele, Charlotte, for defendant-appellee Knights Baseball, LLC.

STEELMAN, Judge.

The trial court properly denied plaintiff's motion for judgment on the pleadings and granted defendants' motions for judgment on the pleadings. The lease of property acquired under the Landbanking Statute (N.C. Gen.Stat. § 159-48(c)(4b)) for a professional baseball stadium is permitted as a county corporate purpose. Recreational facilities do not lose their public purpose merely because a private party is involved. When the 2004 Park Bond only...

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