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FOREMAN v. BELL

No. 8128SC460.

289 S.E.2d 567 (1982)

Kenneth J. FOREMAN, Jr. v. Charles W. BELL, Leta Bahn, Frederick E. Brogdon, William Guy Delaney, James F. Ford, Mary Hammond, Collier S. Harvey, Jr., William G. Hazen, A. Rudolph Hendricks, C. Dooley Hitch, Thomas L. Jones, III, Byron H. Knight, Katherine Morton, Richard Porter, Herbert C. Rule, III, W. Herbert Smith, Jr., Constituting The Mountain Retreat Association Management Council, and The Mountain Retreat Association, Inc., a North Carolina Corporation.

Court of Appeals of North Carolina.

April 6, 1982.

Attorney(s) appearing for the Case

Bennett, Kelly & Cagle by Harold K. Bennett, Asheville, for plaintiff-appellant.

McGuire, Wood, Worley, Bissette & Wolcott, P. A. by Richard A. Wood, Jr., and Adams, Hendon, Carson & Crow, P. A. by Samuel J. Crow, Asheville, for respondents-appellees.

BECTON, Judge.

The record and exhibits in this case document in detail the history of the Mountain Retreat Association (Corporation) from its inception to the present. Much of the history of the Corporation is not necessary for the disposition of the issues before us, however. The facts essential to the resolution of this dispute are set out below.

The Corporation was originally chartered in 1897 by the North Carolina Legislature as a municipal corporation...

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