SMITH v. COUNTY OF DURHAM

No. COA10-1500.

714 S.E.2d 849 (2011)

Mishew E. SMITH and husband Robert N. Edwards, and Alton B. Smith, Jr., Plaintiffs v. COUNTY OF DURHAM, Defendant.

Court of Appeals of North Carolina.

August 16, 2011.


Attorney(s) appearing for the Case

Nexsen Pruett, PLLC, Raleigh, by Robin K. Vinson , and Maxwell Freeman & Bowman, PA, Durham, by James B. Maxwell , for Plaintiffs-appellants.

Stubbs, Cole, Breedlove, Prentis & Biggs, PLLC, Durham, by Richard F. Prentis, Jr. , and Bryson M. Aldridge , for Defendant-appellee.


ERVIN, Judge.

Plaintiffs Robert Edwards; his wife, Mishew Smith; and Ms. Smith's brother, Alton Smith, appeal from an order denying Plaintiffs' motion for summary judgment and granting in part and denying in part Defendant County of Durham's motion for partial summary judgment. On appeal, Plaintiffs argue that the trial court erred by granting summary judgment in favor of Defendant with respect to its claim to possess an express easement across Plaintiffs' property...

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