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TOWN OF APEX v. RUBIN

No. COA20-305.

858 S.E.2d 364 (2021)

2021-NCCOA-188

TOWN OF APEX, Plaintiff, v. Beverly L. RUBIN, Defendant.

Court of Appeals of North Carolina.

Filed May 4, 2021.

Attorney(s) appearing for the Case

Nexen Pruet, PLLC, Raleigh, by David P. Ferrell and Norman W. Shearin , for Plaintiff-Appellee.

Fox Rothschild LLP, Raleigh, by Matthew Nis Leerberg and Troy D. Shelton , and Howard, Stallings, From, Atkins, Angell & Davis, P.A., by Kenneth C. Haywood and B. Joan Davis , Raleigh, for Defendant-Appellant.

Johnston, Allison & Hord, P.A., Charlotte, by R. Susanne Todd and Maisha M. Blakeney , and Sever Storey, LLP, Winston-Salem, by Shiloh Daum , for amicus curiae North Carolina Advocates for Justice.

John Locke Foundation, by Jonathan D. Guze , Durham, amicus curiae.

¶ 1 This appeal arises from the same underlying facts at issue in Town of Apex v. Rubin, COA20-304, ___ N.C. App. ___, 2021-NCCOA-187, 858.E.2d 387 (filed 4 May 2021) (hereinafter "Apex v. Rubin I"), filed concurrently with this opinion. In that action, as here, Plaintiff-Appellee Town of Apex ("the Town") asserts...

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