TOWN OF MATTHEWS v. Wright

BRYANT, Judge.

Plaintiff appeals from the trial court’s order of partial summary judgment entered 11 December 2007 ordering that “Home Place” is a private road. The trial court certified the order as a final order pursuant to North Carolina Rules of Civil Procedure, Rule 54(b). For the reasons stated below, we reverse and remand.

On 19 April 2007, plaintiff filed a complaint in Mecklenburg County Superior Court which alleged that defendants erected two signs and a fence in the right-of-way of a Town street designated “Home Place.” Plaintiff further alleged that it notified defendants the…