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BALLARD v. SHELLEY

No. COA17-61.

811 S.E.2d 603 (2018)

Jerry W. BALLARD and Brenda K. Ballard, Plaintiffs, v. Mark E. SHELLEY and Virginia J. Shelley, Defendants and Third-Party Plaintiffs, v. Asheford Green Property Owners' Association, Inc. et al., Third-Party Defendants and Fourth-Party Plaintiffs, v. Cabarrus County, Fourth-Party Defendant.

Court of Appeals of North Carolina.

Filed: February 6, 2018.

Attorney(s) appearing for the Case

Smith Moore Leatherwood LLP, by Elizabeth Brooks Scherer , Raleigh and Kip David Nelson , Greensboro, for third-party plaintiffs-appellants Mark and Virginia Shelley.

Erwin, Bishop, Capitano & Moss, P.A., Charlotte, by J. Daniel Bishop , and Cabarrus County Attorney Richard M. Koch , for fourth-party defendant-appellee Cabarrus County.

This case began as a neighborhood dispute about a fence that Mark and Virginia Shelley built in their backyard. Some of the Shelleys' neighbors believed this fence, which obstructed the view from their own property, was a retaining wall that violated county building code or permitting requirements. The case evolved over time into a...

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