Taylor v. Mystic Lands, Inc. (Lawyers Weekly No. -12-157-17, 18 pp.) (Ann Marie Calabria, J.) Appealed from Swain County Superior Court (Marvin Pope, J.) N.C. App. Unpub.
Holding: Once the defendant-developer amended its declaration in 2015 to take out the 2014 amendments about which plaintiffs complained, plaintiffs’ complaint became moot. Although plaintiffs sought to amend their complaint to allege that the developer had lacked the authority to amend its declaration in 2014, plaintiffs filed their proposed amended complaint seven days after the deadline set by the court when it granted plaintiffs a 60-day extension; accordingly, the trial court did not abuse its discretion by denying plaintiffs’ motion to amend on the basis of undue delay.
We affirm the trial court’s orders granting defendants’ motion for summary judgment and denying plaintiffs’ motion to amend.