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IN RE JOHNSON

No. 268A11.

741 S.E.2d 308 (2012)

366 N.C. 252

In the Matter of the Proposed Foreclosure of Claim of Lien Filed Against Jeffrey J. Johnson, Donna N. Johnson, Gary Proffit, and Jo Proffit by Starboard Association, Inc., dated April 30, 2008, Recorded in Docket No. 08-M-676 in the Office of the Clerk of Superior Court for Brunswick County.

Supreme Court of North Carolina.

October 5, 2012.

Attorney(s) appearing for the Case

Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A., Charlotte, by Michelle Price M. Massingale , for petitioner-appellant.

Kenneth T. Davies , Charlotte, for respondent-appellees.

TIMMONS-GOODSON, Justice.

In this case we consider whether the trial court erred in granting a judgment and dismissal in favor of respondents pursuant to Rule 41 of the North Carolina Rules of Civil Procedure, reasoning that petitioner's lien and foreclosure claim against respondents' condominium unit was invalid. We conclude that petitioner's lien and foreclosure claim were based upon an improperly administered assessment...

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