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BATES v. CHARLOTTE-MECKLENBURG HISTORIC

No. COA23-57.

897 S.E.2d 1 (2024)

Tyson BATES and Regina Bates, Plaintiffs, v. CHARLOTTE-MECKLENBURG HISTORIC LANDMARKS COMMISSION; Daniel Morrill, Individually and in His Official Capacity as Consulting Director of the Charlotte-Mecklenburg Historic Landmarks Commission; Harold Leonard Norman, Individually and in His Official Capacity as Chairman of the Projects Committee; and Jack Thomson, Individually and in His Official Capacity as Director of the Charlotte-Mecklenburg Historic Landmarks Commission, Defendants.

Court of Appeals of North Carolina.

Filed January 2, 2024.

Attorney(s) appearing for the Case

Ruff Bond Cobb Wade & Bethune, LLP, by Ronald L. Gibson , for defendant-appellants.

Q Byrd Law, Fayetteville, by Quintin D. Byrd , for plaintiff-appellees.

In this interlocutory appeal which concerns two failed real estate transactions, defendants contend that the trial court erred in denying their motion to dismiss some of plaintiffs' claims based upon defendants' assertions of governmental and sovereign immunity. As discussed below, in light of controlling precedent and certain deficiencies...

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