Gates Four Homeowners Ass'n, Inc. v. City of Fayetteville, 619 S.E.2d 408 (2005)

Aug. 18, 2005 · Supreme Court of North Carolina · No. 361P05.
619 S.E.2d 408
GATES FOUR HOMEOWNERS ASSOCIATION, INC., a North Carolina Non-Profit Corporation, et al. v. CITY OF FAYETTEVILLE. appealed by Cumberland County Citizens United, Inc., et al.

GATES FOUR HOMEOWNERS ASSOCIATION, INC., a North Carolina Non-Profit Corporation, et al.
v.
CITY OF FAYETTEVILLE.
appealed by Cumberland County Citizens United, Inc., et al.

No. 361P05.

Supreme Court of North Carolina.

August 18, 2005.

Robert E. Hornick, Jr., for Homeowners Association.

C. Wes Hodges, II, Karen M. McDonald, Anthony Fox, Charlotte, for City of Fayetteville.

ORDER

Upon consideration of the petition filed on the 8th day of July 2005 by Petitioners (Cumberland County Citizens United, Inc., et al.) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 18th day of August 2005."

Justice BRADY recused.