BOST REALTY CO INC GK LLP GK LLC LLC LLC LLC LLC LLC v. CITY OF CONCORD (2021)

Court of Appeals of North Carolina.

BOST REALTY CO., INC.; GK Hampden Village, LLP f/k/a GK Hampden Village, LLC; Tucker Chase, LLC; Taylor Morrison of Carolinas, Inc.; Eastwood Construction, LLC f/k/a Eastwood Construction Co., Inc.; Mts Clt, LLC; Park View Estates, LLC; and B&C Land Holdings, LLC, Plaintiffs, v. CITY OF CONCORD, Defendant.

No. COA19-309-2

Decided: April 06, 2021

Scarbrough & Scarbrough, PLLC, by John F. Scarbrough, for Plaintiffs-Appellants. Hamilton Stephens Steele + Martin, PLLC, by Keith J. Merritt, for Defendant-Appellee.

¶ 1 We reconsider our prior opinion in this matter, Bost Realty Co., Inc. v. City of Concord, 269 N.C. App. 109, 836 S.E.2d 344, 2019 WL 6875346 (2019) (unpublished), in light of JVC Enterprises, LLC v. City of Concord, ––– N.C. ––––, 2021-NCSC-14 (March 12, 2021). As we recognized in our prior opinion, this appeal and cross-appeal is entirely controlled by JVC Enterprises. Bost Realty, 2019 WL 6875346 at *1. We therefore affirm the trial court's entry of summary judgment in favor of Defendant and the dismissal of Plaintiffs’ complaint consistent with our Supreme Court's holding in that case. JVC Enterprises, ––– N.C. at ––––, 2021-NCSC-14, ¶ 1.

AFFIRMED.

Report per Rule 30(e).

INMAN, Judge.

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