GAINES & CO. v. WENDELL FALLS RESIDENTIAL

No. COA10-760.

714 S.E.2d 179 (2011)

GAINES AND COMPANY, INC., Plaintiff, v. WENDELL FALLS RESIDENTIAL, LLC, Wake County, a Subdivision of the State of North Carolina, and Wake County Board of Education, Defendants.

Court of Appeals of North Carolina.

June 21, 2011.


Attorney(s) appearing for the Case

Everett Gaskins & Hancock, LLP, Raleigh, by E.D. Gaskins, Jr. , and The Wooten Law Firm, Raleigh, by Louis E. Wooten, III , for plaintiff-appellant.

Office of the Wake County Attorney, Raleigh, by Scott W. Warren and Mary Elizabeth Smerko , for Wake County.


BRYANT, Judge.

Because Gaines and Company, Inc., (Gaines) waived its materialmen lien rights prior to a conveyance of real property to Wake County, did not allege a contractual relationship between it and Wake County for work performed after the conveyance and, because materialmen liens on public bodies and buildings are prohibited by statute, Gaines may not enforce a lien on Wake County property. We therefore affirm the 18 February 2010 order granting summary judgment...

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