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FREE SPIRIT AVIATION v. RUTHERFORD AIRPORT

No. COA09-806.

696 S.E.2d 559 (2010)

FREE SPIRIT AVIATION, INC. and George Ronan, Plaintiffs, v. RUTHERFORD AIRPORT AUTHORITY; Rusty Washburn, individually and as a member of the Rutherford Airport Authority; Phillip Robbins, individually and as a member of the Rutherford Airport Authority; Alan Guffey, individually and as a member of the Rutherford Airport Authority; Don Greene, individually and as a member of the Rutherford Airport Authority; and David Reno, as a member of the Rutherford Airport Authority, Defendants.

Court of Appeals of North Carolina.

August 3, 2010.

Attorney(s) appearing for the Case

Craig Law Firm, PLLC, Asheville, by Sam B. Craig, for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice, PLLC, Charlotte, by Sean F. Perrin, for defendants-appellants Rusty Washburn, Phillip Robbins, Alan Guffey, and Don Greene.

GEER, Judge.

The Rutherford Airport Authority ("the Authority") and its individual members Rusty Washburn, Alan Guffey, Don Greene, and Phillip Robbins (collectively "defendants") appeal from the trial court's order denying their motion for attorneys' fees pursuant to N.C. Gen.Stat. § 6-21.5 (2009) and N.C. Gen.Stat. § 143-318.16B (2009). Defendants contend they are entitled to attorneys' fees under N.C. Gen.Stat. § 6-21.5 with respect to those claims...

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