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BOST REALTY CO INC GK LLP GK LLC LLC LLC LLC LLC LLC v. CITY OF CONCORD (2021)

Court of Appeals of North Carolina.2021-04-06No. No. COA19-309-2

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Opinion

¶ 1 We reconsider our prior opinion in this matter, Bost Realty Co., Inc. v. City of Concord, 269 N.C. App. 109, 836 S.E.2d 344, 2019 WL 6875346 (2019) (unpublished), in light of JVC Enterprises, LLC v. City of Concord, ––– N.C. ––––, 2021-NCSC-14 (March 12, 2021). As we recognized in our prior opinion, this appeal and cross-appeal is entirely controlled by JVC Enterprises. Bost Realty, 2019 WL 6875346 at *1. We therefore affirm the trial courts entry of summary judgment in favor of Defendant and the dismissal of Plaintiffs’ complaint consistent with our Supreme Courts holding in that case. JVC Enterprises, ––– N.C. at ––––, 2021-NCSC-14, ¶ 1.

AFFIRMED.

Report per Rule 30(e).

INMAN, Judge.