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  5. 805 S.E.2d 147 (2017)
 

CONLEYS CREEK LIMITED v. SMOKY MOUNTAIN

No. COA16-647.

805 S.E.2d 147 (2017)

CONLEYS CREEK LIMITED PARTNERSHIP, a North Carolina limited Partnership, and Marshall Cornblum, Plaintiffs, and Michael Cornblum, Madeline Cornblum, M&D Creek, Inc., a North Carolina corporation, Corndermay Partners, by and through its general partners, M&D Creek, Inc. and other unknown partners, and SMCC Clubhouse, LLC, a North Carolina limited liability company, Counterclaim Defendants, v. SMOKY MOUNTAIN COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC., a North Carolina nonprofit corporation, Defendant, Counterclaimant, William Spute, Ronald Shulman, and Claudette Krizek, Defendants, and Robert Young, Defendant in Counterclaim of SMCC Clubhouse.

Court of Appeals of North Carolina.

Filed: September 5, 2017.

Attorney(s) appearing for the Case

Sigmon Law, PLLC, by Mark R. Sigmon , Raleigh and Sanford L. Steelman, Jr. , for Conleys Creek Limited Partnership, Marshall Cornblum, Michael Cornblum, Madeline Cornblum, M&D Creek, Inc., Corndermay Partners, Counterclaim Defendants/Plaintiffs-Appellees, and SMCC Clubhouse, LLC, Counterclaim Defendant/Cross-Appellant.

James W. Kilbourne, Jr. , Asheville, for Smoky Mountain Country Club Property Owners Association, Inc., Defendant-Counterclaimant/Appellant.

Robinson Elliot & Smith, by William C. Robinson , for William Spute, Ronald Shulman, Claudette Krizek and Robert Young, Defendants/Cross-Appellees.

Smoky Mountain Country Club (the "Planned Community") is a residential planned community located in Swain County. This matter involves a dispute between the Planned Community's developer (the "Developer") and the Planned Community's homeowners association (the "Association"). The Developer consists of members of the Cornblum family...

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