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BROAD STREET CLINIC FOUNDATION v. WEEKS

No. COA19-1033.

848 S.E.2d 224 (2020)

The BROAD STREET CLINIC FOUNDATION, Plaintiff, v. Orin H. WEEKS, Jr., Individually and as Trustee of the Orin H. Weeks, Jr. Revocable Living Trust, Plantation Venture, LLC, Izorah, LLC, Edward Hill, LLC, Robert H., LLC, and Carteret-Craven Electric Membership Corporation, Defendants.

Court of Appeals of North Carolina.

Filed: August 18, 2020.

Attorney(s) appearing for the Case

Harvell and Collins, P.A., by Wesley A. Collins , Morehead City, and Samuel K. Morris-Bloom , for plaintiff-appellant.

Ward and Smith, P.A., by Michael J. Parrish , New Bern, and Alex C. Dale , for defendants-appellees Orin H. Weeks, Jr., individually and as Trustee of The Orin H. Weeks, Jr. Revocable Living Trust, Izorah, LLC, Edward Hill, LLC, and Robert H., LLC.

White & Allen, P.A., Kinston, by John P. Marshall , and Womble Bond Dickinson (US) LLP, Winston-Salem, by Michael Montecalvo , for defendant-appellee Plantation Venture, LLC.

Blanco Tackabery & Matamoros, P.A., by Chad A. Archer , Greensboro, and Ashley S. Rusher , Winston-Salem, for defendant-appellee Carteret-Craven Electric Membership Corporation.

Plaintiff The Broad Street Clinic Foundation appeals from the trial court's order granting Defendants' motions to dismiss its claims, asserting that the provision of a deed that Plaintiff seeks to enforce is not an unenforceable transfer fee covenant. After careful review, we affirm.

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