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TEMPLETON v. TOWN OF BOONE

No. COA09-1332.

701 S.E.2d 709 (2010)

Jeffrey Brooks TEMPLETON and Elizabeth A. Colonna Bird; Trustee of the Elizabeth A. Colonna Bird Revocable Trust, dated August 31, 2000, Plaintiffs, v. TOWN OF BOONE, Defendant.

Court of Appeals of North Carolina.

November 16, 2010.

Attorney(s) appearing for the Case

Clement Law Office, Boone, by Charles E. Clement , for plaintiffs-appellants.

Cranfill Sumner & Hartzog LLP, Raleigh, by Susan K. Burkhart , for defendant-appellee.

STROUD, Judge.

Jeffrey Brooks Templeton and Elizabeth A. Colonna Bird, trustee of the Elizabeth A. Colonna Bird Revocable Trust, (referred to collectively as "plaintiffs") appeal from a trial court's order in favor of the Town of Boone ("defendant") dismissing their complaint with prejudice "for failure to state a claim upon which relief can be granted[.]" For the following reasons, we affirm the trial court's dismissal...

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