House of Raeford Farms, Inc. v. North Carolina Department of Environment & Natural Resources (Lawyers Weekly No. 15-07-0725, 26 pp.) (John Tyson, J.) Appealed from Duplin County Superior Court (John Nobles Jr., J.) N.C. App. Holding: Even though respondent showed ...Read More »
Goldfarb v. Mayor and City Council of Baltimore (Lawyers Weekly No. 15-01-0687, 40 pp.) (Agee, J.) No. 14-1825, July 1, 2015; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: In plaintiff Maryland residents’ suit under the Resources Conservation and ...Read More »
South Carolina Coastal Conservation League v. U.S. Army Corps of Engineers (Lawyers Weekly No. 15-01-0636, 22 pp.) (Hamilton, J.) No. 14-1796, June 17, 2015; USDC at Charleston, S.C. (Gergel, J.) 4th Cir. Holding: The 4th Circuit says a district court ...Read More »
Cape Fear River Watch v. North Carolina Environmental Management Commission (Lawyers Weekly No. 15-06-0597, 14 pp.) (Sam Ervin IV, J.) (Robert Edmunds Jr., J., not participating) Appealed from Wake County Superior Court (Paul Ridgeway, J.) N.C. S. Ct. Holding: The ...Read More »
Catawba Riverkeeper Foundation v. North Carolina Department of Transportation (Lawyers Weekly No. 15-04-0272, 17 pp.) (James Dever III, C.J.) 5:15-cv-00029; W.D.N.C. Holding: Where defendants’ “no-build” scenario assumed the existence of the very highway project under consideration, defendants violated the National ...Read More »
Phillips v. Orange County Health Department (Lawyers Weekly No. 14-07-1069, 22 pp.) (Ann Marie Calabria, J.) Appealed from Orange County Superior Court (George Collins, J.) N.C. App. Holding: G.S. § 143-211(c) evidences the General Assembly’s intent to provide a complete ...Read More »
American Whitewater v. Tidwell (Lawyers Weekly No. 14-01-1052, 31 pp.) (Harris, J.) No. 13-1960, Nov. 5, 2014; USDC at Anderson, S.C. (Lewis, J.) 4th Cir. Holding: Although whitewater rafters want greater recreational access to headwaters of the protected Chattooga River, ...Read More »
Duke Energy Progress, Inc. v. Alcan Aluminum Corp. (Lawyers Weekly No. 14-02-0918, 5 pp.) (Louise Flanagan, J.) 5:08-cv-00460; E.D.N.C. Holding: North Carolina’s statute of repose does not apply to third-party plaintiff PCS Phosphate’s cost recovery claim, because it is not ...
Tagged with: judgment is deniedRead More »
Defenders of Wildlife v. N.C. Department of Transportation (Lawyers Weekly No. 001-159-14, 58 pp.) (Wynn, J.) No. 13-2215, Aug. 6, 2014; USDC at Elizabeth City, N.C. (Flanagan, J.) 4th Cir. Holding: Federal and state defendants planning to replace the Bonner ...
Tagged with: bridge projectRead More »