Conleys Creek Ltd. v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc., 811 S.E.2d 596, 370 N.C. 695 (2018)

April 5, 2018 · Supreme Court of North Carolina · No. 366P17
811 S.E.2d 596, 370 N.C. 695
CONLEYS CREEK LIMITED PARTNERSHIP, a North Carolina Limited Partnership, and Marshall Cornblum, Plaintiffs and Michael Cornblum, Madeline Cornblum, M&D Creek, Inc., a North Carolina Corporation, Corndermay Partners, by and through its general partners, M&D Creek, Inc. and other unknown partners, and SMCC Clubhouse, LLC, a North Carolina Limited Liability Company, Counterclaim Defendant v. SMOKY MOUNTAIN COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC., a North Carolina Nonprofit Corporation, Defendant, Counterclaimant William Spute, Ronald Shulman, and Claudette Krizek, Defendants and Robert Young, Defendant in Counterclaim of SMCC Clubhouse

CONLEYS CREEK LIMITED PARTNERSHIP, a North Carolina Limited Partnership, and Marshall Cornblum, Plaintiffs
and
Michael Cornblum, Madeline Cornblum, M&D Creek, Inc., a North Carolina Corporation, Corndermay Partners, by and through its general partners, M&D Creek, Inc. and other unknown partners, and SMCC Clubhouse, LLC, a North Carolina Limited Liability Company, Counterclaim Defendant
v.
SMOKY MOUNTAIN COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC., a North Carolina Nonprofit Corporation, Defendant, Counterclaimant

William Spute, Ronald Shulman, and Claudette Krizek, Defendants
and
Robert Young, Defendant in Counterclaim of SMCC Clubhouse

No. 366P17

Supreme Court of North Carolina.

April 5, 2018

William C. Robinson, Attorney at Law, Charlotte, James W. Kilbourne, Jr., Attorney at Law, Asheville, Dorothy M. Gooding, Attorney at Law, Charlotte, for Smoky Mountain Country Club Property Owners Association, Inc.

Katherine T. Armstrong, Attorney at Law, Charlotte.

Mark R. Sigmon, Attorney at Law, Raleigh, for SMCC Clubhouse, LLC.

Robert E. Dungan, Attorney at Law, Asheville.

Sanford L. Steelman, Jr., Attorney at Law, James U. Downs, Senior Resident Judge, Forrest A. Ferrell, Attorney at Law, Hickory, for Conleys Creek Limited Partnership.

*597ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiff (Conleys Creek Limited Partnership) on the 26th of October 2017 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendant (Smoky Mountain Country Club Property Owners Association), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 5th of April 2018."

Upon consideration of the petition filed on the 26th of October 2017 by Plaintiff (Conleys Creek Limited Partnership) 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 5th of April 2018."