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Hedgepeth v. Parker's Landing Prop. Owners Ass'n, Inc.

Court of Appeals of North Carolina

September 2, 2014

ALLEN TOBY HEDGEPETH AS TRUSTEE UNDER THE ALLEN TOBY HEDGEPETH DECLARATION OF TRUST, DATED MAY 30, 2001, Plaintiff,
v.
PARKER'S LANDING PROPERTY OWNERS ASSOCIATION, INC., Defendant

Heard in the Court of Appeals January 22, 2014.

Currituck County. No. 11 CVS 49.

Vandeventer Black LLP, by Norman W. Shearin and Ashley P. Holmes, for plaintiff-appellant.

Thompson & Pureza, P.A., by C. Everett Thompson, II, and David R. Pureza, for defendant-appellee.

Ward and Smith, P.A., by Eric J. Remington, Amicus Curiae, for defendant-appellee Betty P. Lewis.

Boxley, Bolton, Garber & Haywood, L.L.P., by Ronald H. Garber, Amicus Curiae, for defendant-appellee Maxine A. Easton.

STEELMAN, Judge. Judges STEPHENS and DAVIS concur.

Appeal by plaintiff from order entered 17 January 2013 by Judge Marvin K. Blount, III in Currituck County Superior Court.

Page 863

OPINION

STEELMAN, Judge.

The trial court did not abuse its discretion in denying the motion of Allen Toby Hedgepeth (Hedgepeth) for class certification.

I. Factual and Procedural Background

The facts and procedural background of this case are set forth in the companion case of Hedgepeth v. Parker's ...


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