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C,OLFMAX. BERM HOLZ. DICFERSON. <br /> EERNHO Z. GLEDHILL d: n.ARGRAVE <br /> ATTORNEYS :AW 079 <br /> c ir,7.TO?; CTRLET <br /> HILLSBOROUGH. N.C. :7h <br /> 91G-732-21y6 <br /> 91i,-442.WOO <br /> CHAPEL HULL OFFICE <br /> SPITE 20. FRANKLIN E ::DING <br /> 13' E FRANKLIN STREE' <br /> CHAPEL HIlr.,N.C.2,514 <br /> sI� May 16 , 1986 <br /> ALONZO H.COLEMAN.JR <br /> STEVEN A.BERNHOLZ <br /> DONALD R.DICKERSON <br /> ROGER E.BERNHO:1 <br /> GEOFFREY E GLEDHILL. <br /> DOUGLAS HARGkAVI <br /> MARTIN J.BERNHOL2 <br /> RICHARD .1. SNIDER.JR- <br /> JANE G.de Llssovo? cane L. Atwater <br /> C.NICHOLAS HERMAN <br /> LYNN A.ANDREWS Planner <br /> O, tie Orange County Planning Department <br /> BONNER D•SAWYER 106 E. Margaret Lane <br /> 11902-2972) Hillsborough , North Carolina 27278 <br /> Re: Acres of New Hope - Subdivision of <br /> Section Nc. 5 <br /> - Dear cane: <br /> I have reviewed the plats , one of which is <br /> recorded at Plat Book E , Page 45 cf the Orange County <br /> Registry and which plat is dated September 16 , 1959 . <br /> The other plat I reviewed is recorded at Plat Book 40 , <br /> Page 101 of the Orange County Registry and is dated <br /> October 14 , 19E3 and last revised November 26 , 1984 . <br /> do no: have the recorded version of that plat, however. <br /> have also reviewed affidavits of Eugene C. Brooks, <br /> __I and Alvis Lacy Thomas. I have also reviewed and <br /> considered the letter dated April 1E , 1986 signed by <br /> Eugene C. Brooks , __I . <br /> Based on this evidence : am unable to conclude <br /> rra_t ^hevenne Drive is a pi =, r road as that term ha <br /> been d e f i m-F by -ha-bares: C-rc ima—courts . <br /> :n that <br /> regard, the issue is whether or not the general public <br /> has the right to use the road without permission of <br /> anyone and to keep the road open in the _ace of an _ <br /> attempt to close it by all of -the property owners . <br /> adjoining the road. The evidence submitted does not, <br /> as 2 interpret the case law, meet this test. <br /> As 2 have discussed before, the leading case in <br /> North Carolina on this question is Owens v. Z_.ictt, <br /> 257 N.C. 250, 125 S.E.2d 5E9 cl962) . The North <br /> Carolina Supreme Court . in Owens stated the following: <br /> According to the current of decisions in this <br /> court there can be in this state no public road cr <br /> highway un2Less it be one either established by the <br />