#### WALTER G. RICKS and wife, MARIE RICKS v. TOWN OF SELMA

No. 309PA90

(Filed 3 April 1991)

ON discretionary review of a unanimous decision of the Court of Appeals, 99 N.C. App. 82, 392 S.E.2d 437 (1990), affirming in part and reversing in part judgment entered by Manning, J., on 10 April 1989 after hearing at the 6 March 1989 Civil Session of Superior Court, JOHNSTON County. Heard in the Supreme Court 12 March 1991.

Ashley and Ashley, by Emery D. Ashley, for plaintiff-appellee.

Spence & Spence, P.A., by Robert A. Spence, Sr., and E. Craig Jones, Jr., for defendant-appellant.

PER CURIAM.

Discretionary review improvidently allowed.