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Real Property – Inverse Condemnation – Municipal – Governmental Immunity – Storm Drainage Maintenance – Flooding (access required)

Bell v. City of New Bern (Lawyers Weekly No. 14-16-0430, 16 pp.) (Martha Geer, J.) Appealed from Craven County Superior Court (Benjamin Alford, J.) N.C. App. Unpub. Holding: Because municipalities are not performing governmental acts when maintaining storm drains, governmental ...

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Civil Practice – Judges – Motions to Dismiss – Same Grounds – Necessary Party – Timely Joinder – Real Property – Lien (access required)

Homeshield Vinyl Siding & Windows, Inc. v. Parker & Orleans Homebuilders, Inc. Even though Judge Hobgood denied a motion to dismiss brought under N.C. R. Civ. P. 12(b)(6) and Judge Hight later granted a motion to dismiss under Rule 12(b)(7), the basis for both motions was defendants’ argument that plaintiff failed to timely join a necessary party.

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Domestic Relations – DVPO – Motion to Dismiss – Sufficient Allegations – Calls & Emails (access required)

Harmon v. Leeuwenburg Plaintiff alleged that she and defendant were members of the opposite sex who had been in a dating relationship and that defendant “has attempted to cause or has intentionally ... placed [her] or a member of [her] family or household in fear of imminent serious bodily injury or in fear of continued harassment that rises to such a level as to inflict substantial emotional distress” based on defendant’s emails and phone calls, the content of which plaintiff claimed had become “increasingly ... more threatening.” Plaintiff included four handwritten pages of excerpts from the alleged voicemails and emails. She also indicated her belief that there was a danger of serious and immediate injury to her or her children.

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Criminal Practice – Murder – Self-Defense – Motion to Dismiss – First Shot Fired (access required)

State v. Sistler Even though defendant presented evidence that the victim fired the first shot, when ruling on defendant’s motion to dismiss, the trial court correctly considered the evidence in the light most favorable to the state, including evidence that defendant fired the first shot. We find no error in defendant’s conviction of first-degree murder.

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