McCRAW v. AUX

No. COA09-1238.

696 S.E.2d 739 (2010)

Katherine M. McCRAW et al., Plaintiffs, v. George W. AUX, Jr., Individually, and George W. Aux, Jr. Trust Dated November 8, 2006, Defendants.

Court of Appeals of North Carolina.

July 20, 2010.


Attorney(s) appearing for the Case

Jordan Price Wall Gray Jones & Carlton, Raleigh, by Brian S. Edlin, for plaintiff-appellees.

Pendergrass Law Firm, PLLC, Raleigh, by James K. Pendergrass, Jr., for defendant-appellants.


STROUD, Judge.

Defendants appeal a summary judgment order which grants summary judgment in favor of plaintiffs. As a necessary party was not joined in this case, we vacate and remand the order.

I. Background

Plaintiffs and defendants are homeowners within Crenshaw Manor Subdivision. On 23 October 2008, plaintiffs filed a verified complaint against defendants to enforce protective covenants. Plaintiffs...

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