TIMBER INTEGRATED INVESTMENTS, LLC v. WELCH

No. COA12-767.

737 S.E.2d 809 (2013)

TIMBER INTEGRATED INVESTMENTS, LLC, a North Carolina limited liability company, and Mountain Works Enterprises, LLC, a North Carolina limited liability company, Plaintiffs, v. Larry WELCH, Joan Mishkin, Ronald Mishkin and the Balsam Group, LLC, Defendants, and Larry Welch, Counterclaimant, v. Timber Integrated Investments, LLC, a North Carolina limited liability company, and Mountain Enterprises, LLC, a North Carolina limited liability company, Harold Heatherly, and Phillip Daniel Heatherly, Defendants by Counterclaim.

Court of Appeals of North Carolina.

February 19, 2013.


Attorney(s) appearing for the Case

Jeffrey W. Norris & Associates, PLLC, Waynesville, by Jeffrey W. Norris and Jerad R. Davis , for Plaintiffs-Appellants.

David R. Payne, P.A., Asheville, by David R. Payne , for Defendants-Appellees.


STEPHENS, Judge.

Facts and Procedural History

This case concerns the purchase of a 163-acre tract of real property located at 122 Skyland Road in Waynesville, North Carolina ("the Property" or "the Land"). A portion of the Land was previously an apple orchard, but has since become contaminated with arsenic and other substances. As a result, the Property cannot be used for residential purposes. Plaintiffs Timber Integrated Investments, LLC ("Timber...

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