North Carolina Lawyers Weekly

Dec 15, 2010

Municipal – Involuntary Annexation – Substantial Compliance – Meaningful Extension of Services – G.S. § 160A-47 – Findings of Fact – Conclusion of Law

Gates Four Homeowners Association, Inc. v. City of Fayetteville. (Lawyers Weekly No. 10-16-1188, 16 pp.) (Rick Elmore, J.) Appealed from Cumberland County Superior Court (Richard L. Doughton, J.) N.C. App. […]

Dec 9, 2010

Municipal – Sovereign Immunity – Insurance Policy Exclusion – Sheriff’s Deputy – Record on Appeal – Interlocutory Appeal

Smith v. Heath. (Lawyers Weekly No. 10-07-1165, 6 pp.) (Sanford A. Steelman Jr., J.) Appealed from Pitt County Superior Court. (Clifton W. Everett Jr., J.) N.C. App. Click here for […]

Nov 19, 2010

Municipal – Zoning – Civil Practice – Standing – Constitutional & Statutory Challenges – Statute of Limitations – Steep Slope & Viewshed Amendments

Templeton v. Town of Boone. (Lawyers Weekly No. 10-07-1101, 32 pp.) (Donna S. Stroud, J.) (Barbara Jackson, J., concurring in part & dissenting in part) Appealed from Watauga County […]

Nov 12, 2010

Municipal – Zoning Board – Public Notice of Hearing – Arbitrary & Capricious

Jobe v. Town of Haw River. (Lawyers Weekly No. 10-16-1072, 9 pp.) (Cheri Beasley, J.) Appealed from Alamance County Superior Court. (Carl R. Fox, J.) N.C. App. Unpub. Click here […]

Nov 3, 2010

Municipal – Tort/Negligence – Wrongful Death – Public Official Immunity – Public Official vs. Public employee – Use of Discretion – Summary Judgment

Hunter v. Transylvania County DSS. Because the defendant was vested with and exercised discretion consistent with those exercised by a public official, and since the plaintiff conceded that the conduct of the official was not malicious, corr[...]

Nov 3, 2010

Municipal – Zoning – Car Dealership – No Permits – No Vested Right

MLC Automotive, LLC v. Town of Southern Pines. Even though plaintiffs' land was zoned for general business, including car dealerships, when plaintiffs bought the land, since plaintiffs did not obtain any of the permits required to build thei[...]

Sep 23, 2010

Municipal – Special-Use Permit – Moot Issue

Carolina Marina & Yacht Club LLC v. New Hanover County Bd. of Commissioners. (Lawyers Weekly No. 10-07-0932, 9 pp.) (John C. Martin, Ch.J.) Appealed from New Hanover County Superior […]

Sep 13, 2010

Municipal – Impact Fee – Zoning – Statute of Limitations

Lanvale Properties, LLC v. County of Cabarrus. (Lawyers Weekly No. 10-16-0889, 12 pp.) (Hunter, Robert C., J.). Appealed from Cabarrus County Superior Court (Mark E. Klass & W. David Lee, […]

Aug 13, 2010

Municipal – Zoning – Conflict of Interest – Hearing – Variance – Neighboring Nonconforming Use

Harbor Baptist Church v. City of Charlotte. (Lawyers Weekly No. 10-16-0778, 11 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (Robert C. Ervin, J.) N.C. App. Unpub. Holding: […]

Aug 6, 2010

Municipal – Zoning – Undefined Use – Shooting Range – Grandfathered – Alteration – Value

Land v. Village of Wesley Chapel. (Lawyers Weekly No. 10-07-0745, 21 pp.) (Robert N. Hunter Jr., J.) (Cheri Beasley, J.) Appealed from Union County Superior Court. (W. Erwin Spainhour, J.) […]

Aug 4, 2010

Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection

Amward Homes, Inc. v. Town of Cary. The defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools.[...]

Jul 30, 2010

Municipal – Negligence – Actual & Constructive – Notice – Sewage System

McCann v. Town of Sparta. (Lawyers Weekly No. 10-16-0713, 8 pp.) (John C. Martin, Ch.J.) Appealed from Alleghany County Superior Court (Andy Cromer, J.). N.C. App. Unpub. Holding: The plaintiff […]