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Home / Courts / N.C. Court of Appeals / Real Property – Municipal – Condemnation – Constitutional Claim – Administrative Remedies

Real Property – Municipal – Condemnation – Constitutional Claim – Administrative Remedies

Where (1) the plaintiff-property owners seek to prevent the defendant-city from demolishing their properties, (2) that relief would be available in an administrative action, and (3) plaintiffs did not exhaust their administrative remedies, the trial court lacked subject matter jurisdiction over plaintiff’s claim brought directly under the N.C. Constitution.

We vacate the trial court’s order granting summary judgment for defendant. We remand for dismissal without prejudice.

Askew v. City of Kinston (Lawyers Weekly No. 011-241-22, 14 pp.) (Allegra Collins, J.) Appealed from Lenoir County Superior Court (Joshua Willey, J.) Ralph Bryant for plaintiffs; Dan Hartzog and Katherine Barber-Jones for defendant. 2022-NCCOA-900


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