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Real Property – Tort/Negligence – Fraud – Defects – Homeowners’ Disclosure Statement – Inspection Report (access required)

Folmar v. Kesiah (Lawyers Weekly No. 14-07-0652, 19 pp.) (Douglas McCullough, J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: The plaintiff-buyers had the house in question inspected, and the inspection report mentioned several issues ...

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Real Property – Gated Community – Declaration of Covenants – Assessments Amendment – Original Purpose – Concessions to Builders – Civil Practice – Necessary Parties (access required)

Wallach v. Linville Owners Association, Inc. (Lawyers Weekly No. 14-07-0622, 24 pp.) (Douglas McCullough, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Holding: In order to entice builders to buy lots in its new community, the ...

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Real Property – Zoning – Vested Rights – Constitutional – Administrative Remedies – Civil Rights – Taxation (access required)

Swan Beach Corolla, L.L.C. v. County of Currituck (Lawyers Weekly No. 14-07-0621, 25 pp.) (Donna Stroud, J.) Appealed from Currituck County Superior Court (Wayland Sermons, J.) N.C. App. Holding: Plaintiffs have sufficiently alleged vested rights to commercially develop their real ...

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Real Property – Restrictive Covenants – Request for Documents – Statutory Requirements – Agency – Insufficient Allegations (access required)

Scherer v. Steel Creek Property Owners Association (Lawyers Weekly No. 14-04-0548, 24 pp.) (Martin Reidinger, J.) 1:13-cv-00121; W.D.N.C. Holding: An attorney’s letter to a property owners’ association failed to satisfy the requirements for requesting POA documents under G.S. § §§ ...

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