ADAMS CREEK ASSOCIATES v. DAVIS (2018)

Supreme Court of North Carolina.

ADAMS CREEK ASSOCIATES v. Melvin DAVIS and Licurtis Reels

No. 3A08-4

Decided: September 21, 2018

Armstrong Law Firm, P.A., by L. Lamar Armstrong, Jr., Smithfield and L. Lamar Armstrong, III, for plaintiff-appellee. Hairston Lane, P.A., by James E. Hairston, Jr., for defendant-appellants. Tin Fulton Walker & Owen, PLLC, Chapel Hill, by William G. Simpson, Jr.; and Goldsmith Resolutions, Marion, by Frank Goldsmith, for North Carolina Advocates for Justice, amicus curiae.

The decision of the Court of Appeals is vacated, and this case is remanded to the Court of Appeals for further remand to the trial court for findings of fact concerning defendants’ ability to comply with the removal of the structures as a condition of the 2011 Contempt Order. In the trial court, defendants also are without prejudice to advance claims not briefed or previously raised but discussed at oral arguments before this Court.

VACATED AND REMANDED.

PER CURIAM.

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