Lawyer v. City of Elizabeth City

JACKSON, Judge.

David and Sheila Lawyer (“plaintiffs”) appeal the allowing of summary judgment in favor of the City of Elizabeth City, North Carolina (“the City”) and Brent Thornton (“Thornton”) (collectively “defendants”). For the reasons stated below, we reverse.

On or about 24 September 1999, Buena Ballance, Myrtle Ballance, Rosalie Hardy, Alvin Ballance, David Ballance, and Royce Ballance (“the Ballances”) acquired real property located at 405 East Broad Street in Elizabeth City (“the property”) as tenants in common by a deed of gift filed with the Pasquotank County Register of Deeds on 7…