Article: NORTH CAROLINA COURT OF APPEALS ISSUES OPINION REGARDING TRITON INDUSTRIES V. RIVERWALK IN HIGHLANDS

RALEIGH, N.C., Feb. 17 -- The North Carolina Court of Appeals issued the following opinion:

TRITON INDUSTRIES, INC.,

Plaintiff,

v. Macon County

No. 08 CVS 21

RIVERWALK IN HIGHLANDS, LLC,

Defendant.

Appeal by plaintiff from an order entered 7 February 2008 by Judge Dennis J. Winner in Macon County Superior Court. Heard in the Court of Appeals 19 November 2008.

Creighton W. Sossomon, for plaintiff-appellant.

Jones, Key, Melvin & Patton, P.A., by Fred H. Jones, for defendant-appellee.

JACKSON, Judge.

Triton Industries, Inc. ("plaintiff") appeals from an order granting a motion to dismiss in favor of Riverwalk in Highlands, LLC ("defendant"). For the following reasons, we affirm in part and ...

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