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BILTMORE CONDOMINIUM v. POWER DEVELOPMENT

No. COA14-1222.

778 S.E.2d 467 (2015)

The RESIDENCES AT BILTMORE CONDOMINIUM OWNERS' ASSOCIATION, INC., Plaintiff, v. POWER DEVELOPMENT, LLC and Mountain Mortgage, Inc., Defendants.

Court of Appeals of North Carolina.

November 3, 2015.

Attorney(s) appearing for the Case

Long, Parker, Warren, Anderson & Payne, P.A., Asheville, by Ronald K. Payne , and Dunnuck Law Firm, PLLC, by Erin Dunnuck , for plaintiff-appellee.

David R. Payne, P.A., Asheville, by David R. Payne , for defendant-appellant Power Development, LLC.

Asheville Law Group, by Michael G. Wimer and Jake A. Snider , Asheville, for defendant-appellant Mountain Mortgage, Inc.

Plaintiff The Residences at Biltmore Condominium Owners' Association, Inc. ("the Association") filed this action seeking a declaratory judgment that various disputed areas within The Residences at Biltmore Condominium ("the Biltmore Condominium") were common elements of the Biltmore Condominium as opposed to properties retained by...

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