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RICHARDS v. JOLLEY

No. COA10-374.

703 S.E.2d 467 (2010)

Robert Dale RICHARDS and wife, Amelia P. Weast, d/b/a, Broad River Pallets and Heat Treating, Petitioners, v. Gladys Jennings JOLLEY and husband, Bobby Joe Jolley, Rhonda Burke Barron, Gary Burke, Jr., Michael E. Burke, and wife, Jill T. Burke, James Timothy Hord, and H.H. McKinney, Respondents.

Court of Appeals of North Carolina.

December 7, 2010.

Attorney(s) appearing for the Case

Law Offices of Travis S. Greene, PC, Tryon, by Travis S. Greene , for petitioner-appellants.

King Law Offices, PLLC, by John B. Crotts , Rutherford, for respondent-appellees.

STROUD, Judge.

Petitioners appeal an order granting summary judgment in favor of respondents. For the following reasons, we affirm.

I. Background

On or about 6 November 2009, the trial court issued an order granting summary judgment in favor of respondents based upon the following determinations it labeled as findings of fact:

9. The Petitioners purchased their property in 1998 and share a right of way with the Respondents, commonly known...

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