In Trustees of Garden of Prayer Baptist Church v. Geraldco Builders, 78 N.C. App. 108, 336 S.E.2d 694 (1985), the Supreme Court of North Carolina recognized that "where subsequent to the rendition of judgment in the prior action, new facts have occurred which may alter the legal rights of the parties, the former judgment will not operate as a bar to the later action." Trustees of Garden of Prayer Baptist Church, 78 N.C. App. at 112, 336 S.E.2d at 697. The Court held: "Since the issue and the facts upon which it arises were not before the trial court in the earlier action, the declaratory judgment in that action does not bar the present action." Id. at 113, 336 S.E.2d at 697.