North Carolina Lawyers Weekly
Cherry Community Organization v. City of Charlotte (Lawyers Weekly No. 011-023-18, 18 pp.) (Hunter Murphy, J.) (Robert Hunter Jr., concurring in the result only) (Mark Davis, J., concurring in the result only without separate opinion) Appealed from Mecklenburg County Superior Court (Daniel Kuehnert, J.) N.C. App.
Holding: Even though plaintiff’s complaint alleged facts that would have given plaintiff standing to challenge a neighboring development, since plaintiff failed to forecast evidence of its allegations, plaintiff failed to show that it has standing.
Summary judgment for defendants is affirmed.
Concurrence
(Hunter Jr., J.) Plaintiff alleged sufficient facts to assert standing. Plaintiff lost at summary judgment because it failed to forecast competent evidence to support special damages, not because plaintiff does not meet the status of an aggrieved party under the standing doctrine.
