Civil Practice – Contempt – Refusal to Comply – Real Property – Trespass

We vacate our Court of Appeals’ decision (Regardless of whether defendants have the ability to comply with the trial court’s order – requiring them to remove structures from plaintiff’s land and to attest never to trespass on plaintiff’s land again – defendants insist that they will not comply. Consequently, G.S. § 5A-21(a) did not require the trial court to make findings regarding defendants’ ability to comply with the contempt order.). We remand so the trial court can make findings of fact concerning defendants’ ability to comply with the removal of the structures as a condition of the trial court’s 2011 contempt order.

Adams Creek Associates v. Davis (Lawyers Weekly No. 010-075-18, 2 pp.) (Per Curiam) Appealed from Carteret County Superior Court (Benjamin Alford, J.) On appeal from the Court of Appeals. L. Lamar Armstrong Jr. and L. Lamar Armstrong III, for plaintiff; James Hairston for defendants; William Simpson and Frank Goldsmith for amicus curiae.

N.C. S. Ct.