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METCALF v. BLACK DOG REALTY, LLC

No. COA08-1561.

684 S.E.2d 709 (2009)

Louise Pack METCALF, Barbara Pack Holcombe, Michael Lawrence, Barbara Pack White, and Alice White Mobidine, Plaintiffs, v. BLACK DOG REALTY, LLC and Buncombe County, North Carolina, Defendants.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Ferikes and Bleynat, PLLC, by Joseph A. Ferikes and Mary March Exum, Asheville, for plaintiff-appellees.

Johnston, Allison & Hord, P.A., by Patrick E. Kelly, Daniel A. Merlin, and Michael L. Wilson, Charlotte, for defendant-appellant.

McGuire, Wood & Bissette, PA by Joseph P. McGuire, Asheville, for defendant-appellant.

No brief filed on behalf of Buncombe County.

STROUD, Judge.

George Willis Pack conveyed real property to Buncombe County in 1901 for use as a site for a new courthouse and county offices, in exchange for the County's dedication of the old courthouse site "forever to be used for the purpose of a public square park or place...." A small portion of the real property which Pack conveyed to Buncombe County, known as the "Old County Jail Lot" is the subject of this action. This case presents the legal issue of whether...

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