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TOWN OF NAGS HEAD v. CHERRY, INC.

No. COA11-931.

723 S.E.2d 156 (2012)

TOWN OF NAGS HEAD, Plaintiff, v. CHERRY, INC., Defendant.

Court of Appeals of North Carolina.

February 21, 2012.

Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland, L.L.P., Elizabeth City, by Benjamin M. Gallop and John D. Leidy , for plaintiff-appellee.

Vandeventer Black LLP, Raleigh, by Norman W. Shearin and Wyatt M. Booth , for defendant-appellant.

STROUD, Judge.

Defendant appeals trial court orders denying its motions to dismiss and granting partial summary judgment in favor of plaintiff. For the following reasons, we reverse the trial court's order denying defendant's motion to dismiss pursuant to Rule of Civil Procedure 12(b)(1) and reverse the trial court's order granting partial summary judgment and remand for further proceedings.

I. Background

On 19 April 2010, plaintiff filed a verified...

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