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ATKINSON v. CITY OF CHARLOTTE

No. COA13-1226.

760 S.E.2d 395 (2014)

Brian Thomas ATKINSON and Myers Park Homeowners Association, Inc., a North Carolina Non-Profit Corporation, Plaintiffs v. CITY OF CHARLOTTE, a North Carolina Body Politic and Corporate, Defendant and Queens University of Charlotte and Johnson C. Smith University, North Carolina non-profit corporations, Defendant-Intervenors.

Court of Appeals of North Carolina.

July 29, 2014.

Attorney(s) appearing for the Case

Currin & Currin, Raleigh, by Robin T. Currin and George B. Currin , for plaintiff-appellants.

Senior Assistant City Attorney Terrie Hagler-Gray , for defendant-appellee.

Robinson Bradshaw & Hinson, P.A., Charlotte, by Richard A. Vinroot and John H. Carmichael , for defendant-intervenor-appellees.

CALABRIA, Judge.

Brian Thomas Atkinson ("Atkinson") and Myers Park Homeowners Association, Inc. ("the Association") (collectively "plaintiffs") appeal from the trial court's order granting summary judgment in favor of the City of Charlotte ("the City") and intervenors Queens University of Charlotte ("Queens") and Johnson C. Smith University ("Smith") (collectively "intervenors"). We reverse and remand.

In late 2009, representatives from Queens and other Charlotte...

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