WATERWAY DRIVE PROP. v. TOWN OF CEDAR POINT

No. COA12-614.

737 S.E.2d 126 (2012)

WATERWAY DRIVE PROPERTY OWNERS' ASSOCIATION, INC., et al., Plaintiffs, v. TOWN OF CEDAR POINT, Branch Banking and Trust Company, First Citizens Banks & Trust Company, Wachovia Bank, National Wachovia Bank, National Association Capital Bank, and Bank of America Corporation, Defendants.

Court of Appeals of North Carolina.

December 18, 2012.


Attorney(s) appearing for the Case

Poyner Spruill, LLP, Rocky Mount , by J. Nicholas Ellis and Christopher R. Boothe , for Plaintiffs-Appellees.

Kirkman, Whitford, Brady, Berryman & Farias, P.A., Morehead City, by Neil B. Whitford and Jane A. Gordon , for Defendant-Appellant, Town of Cedar Point.


BEASLEY, Judge.

The Town of Cedar Point (Defendant) and several financial institutions (included in the suit for notice purposes only) appeal from the trial court's entry of summary judgment in favor of Waterway Drive Property Owners' Association, Inc., by and through its members, (Plaintiffs) declaring Front Street/Waterway Drive a private road. For the following reasons, we affirm the orders of the trial court.

I. Factual Background

On 13 August...

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