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WILLOWMERE COMMUNITY v. CITY OF CHARLOTTE

No. COA15-977.

792 S.E.2d 805 (2016)

WILLOWMERE COMMUNITY ASSOCIATION, INC., a North Carolina Non-Profit Corporation, and Nottingham Owners Association, Inc., a North Carolina Non-Profit Corporation, Plaintiffs, v. CITY OF CHARLOTTE, a North Carolina Body Politic and Corporate, and Charlotte-Mecklenburg Housing Partnership, Inc., a North Carolina Non-Profit Corporation, Defendants.

Court of Appeals of North Carolina.

Filed: November 1, 2016.

Attorney(s) appearing for the Case

Kenneth T. Davies , for plaintiff-appellants.

Assistant City Attorney Thomas E. Powers III and Senior Assistant City Attorney Terrie Hagler-Gray , for defendant-appellee City of Charlotte.

Moore & Van Allen, PLLC, Charlotte, by Anthony T. Lathrop and Glenn E. Ketner, III , for defendant-appellee Charlotte-Mecklenburg Housing Partnership, Inc.

Plaintiffs appeal the trial court's order allowing defendants' motion for summary judgment. The trial court correctly granted summary judgment dismissing plaintiffs' lawsuit based upon lack of standing to file the suit because neither plaintiff complied with their respective bylaws to authorize initiating litigation.

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