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HOWE v. LINKS CLUB CONDOMINIUM ASSOCIATION

No. COA18-150.

823 S.E.2d 439 (2018)

Diane Gail HOWE; William Butler Bailey, Trustee of the William Butler Bailey Revocable Trust Agreement Dated May 25, 2011; William T. Bailey and Wife, Allison Ann Bailey; William B. Bailey, and Wife, Catherine E. Bailey; John C. Begeny, III; Jack D. Callisher and Wife, Kathryn K. Callisher; Weiqun Chen and Wife, Yan Sun and Qichuan Chen (Unmarried); Martin E. Frazier and Wife, Barbara M. Frazier; Gilbert R. Grisham and Wife, Jae Youn Grisham; Joseph Trevor Hargis; Elena Hopper; Gloria A. Peirsol-Marino and Husband, Charles J. Marino; Fabrice Meunier; Robert Oliva and Wife, Sheila K. Oliva; Phan Investments, LLC; Tara Prezioso; Kenneth E. Rickard; Jonathan M. Schade; Kimmy Yang and Wife, Elizabeth Yang; Michael Yang and Wife, Susana Yang, Plaintiffs, v. The LINKS CLUB CONDOMINIUM ASSOCIATION, INC., a North Carolina Nonprofit Corporation; FCP Fund III Trust, a Maryland Real Estate Investment Trust by Thomas A. Carr, Authorized Trustee; Links Raleigh, LLC, a Delaware Limited Liability Company and Greens at Tryon, LLC, a Delaware Limited Liability Company; Nason Khomassi; Alex Cathcart and Bryan M. Kane, Defendants.

Court of Appeals of North Carolina.

Filed: December 18, 2018.

Attorney(s) appearing for the Case

Harris & Hilton, P.A., by Nelson G. Harris , Raleigh, for plaintiffs-appellants.

Parker Poe Adams & Bernstein LLP, by Kevin L. Chignell and Collier R. Marsh , Raleigh, for defendants-appellees The Links Club Condominium Association, Inc., Nason Khomassi, Alex Cathcart, and Bryan M. Kane.

Shanahan McDougal, PLLC, by John E. Branch III , Kieran J. Shanahan , Tonya B. Powell , and Jeffrey M. Kelly , Raleigh, for defendants-appellees FCP Fund III Trust, Thomas A. Carr, Links Raleigh, LLC, and Greens at Tryon, LLC.

Plaintiffs, minority unit owners in a condominium complex, appeal from the trial court's order granting defendants' motions to dismiss plaintiffs' claims for breach of contract, breach of statutory obligations, breach of fiduciary duty, piercing the corporate veil, and unfair and deceptive trade practices. We reverse the trial court...

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