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HAUGH v. COUNTY OF DURHAM

No. COA09-167.

702 S.E.2d 814 (2010)

Sean HAUGH, and J. Russell Capps, Plaintiffs, v. COUNTY OF DURHAM, Ellen W. Reckhow, Chairman of the Durham County Board of Commissioners, in her official capacity, Michael D. Page, Vice-Chairman of the Durham County Board of Commissioners, in his official capacity; and Lewis A. Creek, Phillip R. Cousin, Jr., and Becky M. Heron, in their official capacities as members of the Durham County Board of Commissioners; Michael M. Ruffin, Durham County Manager, in his official capacity; and Nitronex Corporation, Defendants.

Court of Appeals of North Carolina.

December 7, 2010.

Attorney(s) appearing for the Case

North Carolina Institute for Constitutional Law, by Robert F. Orr and Jeanette K. Doran , Raleigh, for plaintiffs-appellants.

Durham County Attorney S.C. Kitchen , for County of Durham, defendants-appellees.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Tobias S. Hampson , Raleigh, for Nitronex Corporation, defendants-appellees.

JACKSON, Judge.

Sean Haugh ("Haugh") and J. Russell Capps ("Capps") (collectively, "plaintiffs") appeal from the trial court's order granting summary judgment in favor of the County of Durham1 ("Durham") and Nitronex Corporation ("Nitronex") (collectively, "defendants"). For the reasons set forth below, we affirm in part and reverse in part.

Plaintiffs allege that Haugh is a citizen, resident, and taxpayer in Durham, North Carolina...

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