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HILLSBORO PARTNERS v. CITY OF FAYETTEVILLE

No. COA12-987.

738 S.E.2d 819 (2013)

HILLSBORO PARTNERS, LLC, Plaintiff, v. The CITY OF FAYETTEVILLE, Defendant.

Court of Appeals of North Carolina.

March 19, 2013.

Attorney(s) appearing for the Case

J. Duane Gilliam, Jr. , Fayetteville and Coy E. Brewer, Jr. , for plaintiff-appellee.

Poyner Spruill LLP, Raleigh by Keith H. Johnson and Andrew H. Erteschik and Office of the Fayetteville City Attorney by Assistant City Attorney Brian M. Meyer , for defendant-appellant.

STROUD, Judge.

The City of Fayetteville ("defendant") appeals from an order entered 7 May 2012 denying its motion to dismiss the complaint filed by Hillsboro Partners, LLC ("plaintiff") on the grounds that the trial court lacked jurisdiction, that the claim was barred by collateral estoppel, and that defendant was immune from suit under sovereign immunity. On appeal, defendant argues only that the trial court erred in denying its motion because plaintiff was collaterally...

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