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BROOKLINE RESIDENTIAL v. CITY OF CHARLOTTE

No. COA16-202.

796 S.E.2d 369 (2017)

BROOKLINE RESIDENTIAL, LLC and Residences at Brookline LLC, Plaintiffs, v. CITY OF CHARLOTTE; and International Fidelity Insurance Company, Defendants.

Court of Appeals of North Carolina.

Filed: January 17, 2017.

Attorney(s) appearing for the Case

Morningstar Law Group, by William J. Brian, Jr. , Morrisville, Shannon R. Joseph , Raleigh, and Jeffrey L. Roether , for plaintiffs-appellants.

Senior Assistant City Attorney, Lina E. James , for defendant-appellee City of Charlotte.

Johnston, Allison & Hord, P.A., by Martin L. White , Charlotte, and Munashe Magarira , for defendant-appellee International Fidelity Insurance Company.

This case presents the issue of whether a successor developer may compel the City of Charlotte to enforce a performance bond that had originally been obtained by the prior developer to guarantee the construction of certain infrastructure improvements. Brookline Residential, LLC and Residences at Brookline, LLC (collectively "Brookline...

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