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CHARLOTTE MOTOR SPEEDWAY v. CO. OF CABARRUS

No. COA12-1361.

748 S.E.2d 171 (2013)

CHARLOTTE MOTOR SPEEDWAY, LLC and Speedway Motorsports, Inc., Plaintiffs, v. COUNTY OF CABARRUS, Defendant.

Court of Appeals of North Carolina.

October 1, 2013.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., Charlotte, by Preston O. Odom, III , William K. Diehl, Jr. , and John R. Buric , for plaintiffs-appellants.

Erwin, Bishop, Capitano & Moss, P.A., Charlotte, by J. Daniel Bishop and Matthew M. Holtgrewe ; and Law Offices of Richard M. Koch, by Richard M. Koch , Cabarrus County Attorney, for defendant-appellee.

DAVIS, Judge.

Charlotte Motor Speedway, LLC ("CMS") and Speedway Motorsports, Inc. ("SMI") (collectively "Plaintiffs") appeal from the trial court's order dismissing their amended complaint against Cabarrus County (the "County"). Plaintiffs primarily contend that they asserted a valid claim for breach of contract against the County in connection with an agreement between the parties concerning the continued presence of the Charlotte Motor Speedway ("the Speedway"...

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