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JOHNSON v. STARBOARD ASS'N, INC.

No. COA15-451.

781 S.E.2d 813 (2016)

Jeffrey J. JOHNSON and wife, Donna N. Johnson, and Gary A. Proffit and wife, Betty Jo Proffit, Plaintiffs, v. STARBOARD ASSOCIATION, INC., a North Carolina nonprofit corporation, John McGuirt, Charles Adams, Eric O'Brian, William Carter, Helen Bunch, Syd Schenk, Cathy Moss, Bud Ayers, Betty Graham, Darryl Rice, individually and as members of the Board of Directors of Starboard Association, Inc., and Abbott Enterprises, Inc., a North Carolina corporation, Defendants.

Court of Appeals of North Carolina.

January 5, 2016.

Attorney(s) appearing for the Case

Kenneth T. Davies , for plaintiffs.

Vernis & Bowling of Charlotte, PLLC, Charlotte, by R. Gregory Lewis , for defendants.

On 26 March 2014, the trial court directed verdict for plaintiffs in an action for declaratory judgment, concluding that a special assessment levied against condominium unit owners was invalid. On appeal, now for the second time, defendants argue that (1) the trial court erred in entering judgment in favor of plaintiffs because Starboard...

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