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Tag Archives: Franchise

Real Property – Zoning – Special Use Permit — Municipal – Franchise – Landfill – Constitutional – Taking Claim (access required)

Griffin Farm & Landfill, Inc. v. Town of Unionville Three authorizations are required to build and operate a construction and demolition (C&D) landfill: local zoning approval, a local government franchise, and a permit from the state. Where plaintiffs stopped accepting C&D waste seven months before their franchise expired, and where the defendant-town exercised its discretion in denying plaintiffs a new franchise, plaintiffs did not have a common law vested interest to a new franchise agreement.

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Contract – Franchise – Civil Practice – Preliminary Injunction – Covenant Not to Compete – Return of Materials (access required)

Outdoor Lighting Perspectives Franchising, Inc. v. Harders The covenant not to compete in the parties’ expired franchise agreement is written so broadly that it is unenforceable. Nevertheless, the agreement clearly requires the ex-franchisee to return certain materials to the franchisor upon termination of the agreement.

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Civil Practice – Personal Jurisdiction – Minimum Contacts – Apparent Agency – First Impression – Pool Construction – Franchise (access required)

Bauer v. Douglas Aquatics, Inc. Even though defendants' franchise agreement explicitly stated that the North Carolina franchisee was not the Virginia franchisor's agent, since (1) the plaintiff-customer was not privy to the franchise agreement, (2) the franchisee represented itself to plaintiff as part of the franchisor, and (3) the franchisor's website described the franchisee as part of the franchisor, the franchisee was the franchisor's apparent agent. It does not offend due process for N.C. courts to exercise personal jurisdiction over the Va. franchisor.

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