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HORNE EX REL. GAL v. TOWN OF BLOWING ROCK

No. COA12-196.

732 S.E.2d 614 (2012)

Richard HORNE and wife, Meredith Horne, Parker Horne, by and through his GAL, Scott W. Heintzelman, Plaintiffs, v. TOWN OF BLOWING ROCK d/b/a Blowing Rock Park, Defendant.

Court of Appeals of North Carolina.

October 2, 2012.

Attorney(s) appearing for the Case

The Roberts Law Firm, P.A., Gastonia, by Scott W. Roberts , for plaintiff appellees.

Cranfill Sumner & Hartzog LLP, by Patrick H. Flanagan , Charlotte, and Kelly Beth Smith , for defendant appellant.

McCULLOUGH, Judge.

The Town of Blowing Rock, d/b/a Blowing Rock Park ("defendant") appeals from an order of the trial court converting its Rule 12(c) motion to dismiss into a motion for summary judgment and denying its motion to dismiss plaintiffs' action on the basis of governmental immunity. We affirm.

I. Background

Blowing Rock Park is a municipal recreation area located in Blowing Rock, North Carolina, and is maintained by the Town of...

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