Rose's Stores, Inc. v. Bradley Lumber Co.

PARKER, Judge.

The sole issue on appeal is the trial court’s denial of defendant’s motion to remove this action from Vance County to McDowell County as a matter of right pursuant to N.C.G.S. § 1-76(1). McDowell County is the situs of certain commercial property formerly leased by plaintiff Rose’s Stores, Inc. (“Rose’s”). Rose’s assigned that lease to defendant Bradley Lumber Company, Inc. (“Bradley”). McDowell is also the county in which defendant, but not plaintiff, has its principal place of business.

N.C.G.S. § 1-76 creates special, mandatory venue rules for certain actions, requiring trial…