IN THE SUPREME COURT OF NORTH CAROLINA
No. 230A16
Filed 9 June 2017
TOWN OF BEECH MOUNTAIN
v.
GENESIS WILDLIFE SANCTUARY, INC.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, ___ N.C. App. ___, 786 S.E.2d 335 (2016), affirming an order
granting summary judgment to defendant entered on 5 September 2014 by Judge
Gary M. Gavenus; and finding no error in an order entered on 30 October 2013 by
Judge Mark E. Powell, and in judgments entered on 29 September 2014 and 24
November 2014 and an order entered on 27 October 2014 by Judge J. Thomas Davis,
all in Superior Court, Watauga County. On 7 July 2016, the Supreme Court allowed
plaintiff’s petition for writ of certiorari pursuant to N.C.G.S. § 7A-32(b) to review an
additional issue. Heard in the Supreme Court on 10 April 2017.
Cranfill Sumner & Hartzog LLP, by Jaye E. Bingham-Hinch and Patrick H.
Flanagan; and Eggers, Eggers, Eggers, & Eggers, PLLC, by Stacy C. Eggers,
IV, for plaintiff-appellant.
John J. Korzen, Wake Forest University School of Law; and Clement Law
Office, by Charles E. Clement and Charles A. Brady, III, for defendant-appellee.
Morningstar Law Group, by William J. Brian, Jr., for Pacific Legal
Foundation, amicus curiae.
PER CURIAM.
TOWN OF BEECH MOUNTAIN V. GENESIS WILDLIFE SANCTUARY, INC.
Opinion of the Court
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 writ of
certiorari as to the additional issue was improvidently allowed.
AFFIRMED; CERTIORARI IMPROVIDENTLY ALLOWED.
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TOWN OF BEECH MOUNTAIN V. GENESIS WILDLIFE SANCTUARY, INC.
Opinion of the Court
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