Bogue Shores Homeowners Ass'n v. Town of Atlantic Beach

GREENE, Judge.

Plaintiffs appeal from an order of the trial court entered 26 November 1991, in part granting defendant’s motion for summary judgment. Defendant appeals from the same order in part granting summary judgment in favor of plaintiffs.

The evidence before the trial court at the summary judgment hearing established that in 1981, Morris and Mary Lucy Cherry acquired title to a 150-room motel located near the town of Atlantic Beach, North Carolina. The Cherrys modified the rooms, which contain either 488 or 282 square feet, by adding to each permanent kitchen facilities and by combining…