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ASHEVILLE LAKEVIEW PROP. v. LAKE VIEW PARK

No. COA15-1308.

803 S.E.2d 632 (2017)

ASHEVILLE LAKEVIEW PROPERTIES, LLC, Peter Pinholster, Jr., et al., Plaintiffs, v. LAKE VIEW PARK COMMISSION, INC., Robert H. Farbrey, et al., Defendants.

Court of Appeals of North Carolina.

Filed: July 18, 2017.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Grant B. Osborne , Asheville and Alexander C. Dale , Wilmington, for plaintiff-appellants.

Deutsch & Gottschalk, P.A., Asheville, by Tikkun A.S. Gottschalk and Robert J. Deutsch , for defendant-appellees.

Where plaintiffs' underlying claims are barred by statutes of limitations, the Declaratory Judgments Act will not allow relief, and therefore, we affirm the trial court order granting defendants' motion to dismiss pursuant to Rule 12(b)(6).

On 28 May 2015, plaintiffs Asheville Lakeview Properties, LLC; Peter Pinholster, Jr...

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