BANYAN GW LLC v. WAYNE PREPARATORY ACADEMY CHARTER SCHOOL INC III LLC (2020)

Supreme Court of North Carolina.

BANYAN GW, LLC v. WAYNE PREPARATORY ACADEMY CHARTER SCHOOL, INC. and its Board of Directors; Sharon Thompson, Chair of the Board of Directors; and John Ankeney and Lucius J. Stanley, as members of the Board of Directors; and Vertex III, LLC

No. 188A18-2

Decided: April 03, 2020

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by J. Mitchell Armbruster, for plaintiff-appellee Banyan GW, LLC. Haithcock, Barfield, Hulse & Kinsey, P.L.L.C., Goldsboro, by Glenn A. Barfield, and Robinson Bradshaw & Hinson, Charlotte, by Richard A. Vinroot, for defendant-appellant Wayne Preparatory Academy Charter School, Inc. No brief for defendant-appellees Board of Directors, Sharon Thompson, John Ankeney, Lucius J. Stanley, and Vertex III, LLC.

As to the appeal of right based on the dissenting opinion, we affirm the majority decision of the Court of Appeals. We conclude that the petition for discretionary review as to additional issues was improvidently allowed. Therefore, the decision of the Court of Appeals as to these matters remains undisturbed.

AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

PER CURIAM.

Justice DAVIS did not participate in the consideration or decision of this case.

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