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CHARLOTTE PAVILION v. N.C. CVS PHARMACY

No. COA14-658.

767 S.E.2d 105 (2014)

CHARLOTTE PAVILION ROAD RETAIL INVESTMENT, L.L.C., and Wla Enterprises, Inc., Plaintiffs, v. NORTH CAROLINA CVS PHARMACY, LLC; Jeffrey Carpenter; Carpenter Investment Properties, LLC; Suburban Gardens Incorporated; and Sonny Boy Properties, LLC, Defendants.

Court of Appeals of North Carolina.

December 16, 2014.

Attorney(s) appearing for the Case

Ellis & Winters LLP, Raleigh, by Matthew W. Sawchak , Thomas D. Blue, Jr. , Jeremy M. Falcone , Emily E. Reardon , for North Carolina CVS Pharmacy, L.L.C. and Sonny Boy Properties, LLC.

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, PLLC, by James R. DeMay , for Jeffrey Carpenter, Carpenter Investment Properties, LLC, and Suburban Gardens Incorporated.

Mullen Holland & Cooper, P.A., by John H. Hasty and Justin N. Davis , for Charlotte Pavilion Road Retail Investment, LLC, and WLA Enterprises, Inc.

In 2013, Charlotte Pavilion Road Retail Investment, L.L.C. and WAL Enterprises (collectively "developers") filed a declaratory judgment action against North Carolina CVS Pharmacy, L.L.C., Jeffrey Carpenter, Carpenter Investment Properties, LLC, Suburban Garden Incorporated, and Sonny Boy Properties, LLC (collectively "CVS"). The developers...

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