City of Albemarle v. Security Bank & Trust Co.

415 S.E.2d 96 (1992)

106 N.C. App. 75

CITY OF ALBEMARLE,

v.

SECURITY BANK AND TRUST COMPANY and Stanly County.

No. 9120SC387.

Court of Appeals of North Carolina.

April 7, 1992.

Doby & Beaver by Henry C. Doby, Jr., Albemarle, for plaintiff appellee.

Kluttz, Hamlin, Reamer, Blankenship and Kluttz by Malcolm B. Blankenship, Jr., Salisbury, for defendant appellant.

WALKER, Judge.

Defendant first asserts the trial court erred in denying defendant's motion to dismiss for failure to join DOT as a necessary party pursuant to G.S. 136-66.3. In this case plaintiff and DOT entered into an agreement whereby this…