State Ex Rel. Albright v. Arellano

TIMMONS-GOODSON, Judge.

This case involves a complaint by Guilford County District Attorney R. Stuart Albright (“plaintiff’) to claim the illegal profits from a public nuisance owned and operated by Robert C. Arellano and Cha U. Arellano (“defendants”). Defendants appeal two orders of summary judgment entered against them pursuant to N.C. Gen. Stat. § 19. For the reasons stated herein, we affirm in part and reverse in part ’the trial court’s judgment.

The pertinent factual and procedural history of the case is as follows: Defendants owned and operated Rose Spa, a massage business in Greensboro,…