Recent NC Court Opinions

1. Environmental – Sedimentation Pollution Control Act – Private Action – Violation Required – Civil Practice – Standing – Administrative 

   Applewood Properties, LLC v. New South Properties, LLC Because the county Natural Resources Department never found the defendant-contractor to be in violation of any law, rule, order or erosion and sedimentation and control plan, plaintiff did not have standing to bring a civil action under the Sedimentation Pollution Control Act to seek redress for its injuries.

2. Tort/Negligence – Malicious Prosecution – Initiation – Restatement Standard — Giving Information to Police 

   North Carolina Farm Bureau Mutual Insurance Co. v. Cully’s Motorcross Park, Inc. Even though defendant Volpe would probably never have been charged with obtaining property by false pretenses if the plaintiff-insurance company’s investigator had not told a police sergeant the results of his investigation, we reject this “but for” standard as the method for proving the initiation element of malicious prosecution.

3. Tort/Negligence – Personal Injury – Shooting – 52-Year-Old Shooter – Parents’ Gun 

   Bridges v. Parrish We reject plaintiff’s claim that defendants are liable for failing to secure their gun, thereby allowing their 52-year-old son to gain access to the gun and shoot plaintiff with it.