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Aug 2, 2016

Municipal – Public Utilities – Water Customer Classification – Civil Practice – Statute of Limitations – Continuing Wrong Doctrine

ACTS Retirement-Life Communities, Inc. v. Town of Columbus (Lawyers Weekly No. 011-248-16, 11 pp.) (Rick Elmore, J.) Appealed from Polk County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: The defendant-town reclassified two of plaintiff’s six water meters from commercial to residential in June 2002; therefore, plaintiff’s February 2011 complaint – alleging the reclassification and [&[...]

Jun 8, 2016

Municipal – Labor & Employment – Public Employees – Sovereign Immunity – Defense Costs

Wray v. City of Greensboro (Lawyers Weekly No. 011-201-16, 15 pp.) (Chris Dillon, J.) (Wanda Bryant, J., dissenting) Appealed from Guilford County Superior Court (James Spencer Jr., J.) N.C. App. Holding: When plaintiff became the defendant-city’s police chief, the city had in place a policy of paying for the legal defense of its officers and […]

May 17, 2016

Municipal – Zoning – Subdivision Development – Street Width – Hardship Decision – Quasi-Judicial – Due Process

Butterworth v. City of Asheville (Lawyers Weekly No. 011-172-16, 14 pp.) (Chris Dillon, J.) Appealed from Buncombe County Superior Court (Mark Powell, J.) N.C. App. Holding: Asheville’s Planning and Zoning Commission had to exercise discretion when it decided whether to allow a developer’s new subdivision to be built with roads narrower than otherwise permitted by […]

Feb 17, 2016

Municipal – Zoning – Civil Practice – Standing – Aggrieved Neighbor – Historic Neighborhood

Cherry v. Wiesner (Lawyers Weekly No. 011-051-16, 27 pp.) (Donna Stroud, J.) Appealed from Wake County Superior Court (Elaine O’Neal Bushfan, J.) N.C. App. Holding: A homeowner in Raleigh’s historic Oakwood neighborhood lacked standing to challenge the Raleigh Historic Development Commission’s approval for construction of a “modernist” house across the street from her because she [&helli[...]

Feb 4, 2016

Municipal – Developer Wins Refund of Utility Fees

Tommy Davis Construction Inc. v. Cape Fear Public Utility Authority (Lawyers Weekly No. 15-01-1098, 17 pp.) (Niemeyer, J.) No. 14-1778, Dec. 1, 2015; USDC at Wilmington, N.C. (Howard, J.) 4th Cir. Holding: A North Carolina county acted ultra vires when it collected fees on behalf of the county sewer and water district for water and […]

Oct 7, 2015

Municipal – Constitutional – Water & Sewer District – Health & Sanitation

City of Asheville v. State (Lawyers Weekly No. 15-07-0937, 26 pp.) (Chris Dillon, J.) Appealed from Wake County Superior Court (Howard Manning Jr., J.) N.C. App. Holding: Even if the 2013 Water/Sewer Act, which only affects Asheville, is local legislation, it is nevertheless constitutional because its transfer of Asheville’s water system to a new metropolitan […]

Aug 11, 2015

Municipal — Impact Fees – Water & Sewer – New Subdivisions – Maintenance

Quality Built Homes Inc. v. Town of Carthage (Lawyers Weekly No. 15-16-0787, 13 pp.) (Wanda Bryant, J.) Appealed from Moore County Superior Court (James Webb, J.) N.C. App. Unpub. Holding: If G.S. § 160A-314 were the only statute applicable to the defendant-town’s water and sewer impact fee ordinances, we might agree with plaintiffs’ argument that […]

Jul 8, 2015

Municipal — Impact Fees – Real Property – Subdivision Development – Refund & Interest

China Grove 152, LLC v. Town of China Grove (Lawyers Weekly No. 15-07-0656, 15 pp.) (Lucy Inman, J.) Appealed from Rowan County Superior Court (Mark Klass, J.) N.C. App. Holding: G.S. § 160A-372(c) says that a subdivision control ordinance “may provide that a developer may provide funds to the city whereby the city may acquire […]

Jun 17, 2015

Municipal — Real Property – Consent Judgment – Hotel – Appraisal – Parking Spaces

Wells v. City of Wilmington (Lawyers Weekly No. 15-07-0609, 22 pp.) (Linda Stephens, J.) Appealed from New Hanover County Superior Court (Paul Jones, J.) N.C. App. Holding: A consent judgment prohibits the defendant-city from using public funds to build or subsidize a hotel at the city’s convention center complex. Since the city is making a […]

Jun 11, 2015

Municipal — Zoning – Conditional Use Permit – Residential Neighborhood – Proposed Medical Clinic – Area Harmony

Templeton Properties LP v. Town of Boone (Lawyers Weekly No. 15-06-0591, 2 pp.) (Per Curiam) (Barbara Jackson, J., not participating) Appealed from Watauga County Superior Court (Shannon Joseph, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: With Justice Jackson not participating, the remaining members of the court are evenly divided. […]

Apr 21, 2015

Municipal — Eminent Domain – Real Property – Private Road – Public Benefit

Town of Matthews v. Wright (Lawyers Weekly No. 15-07-0352, 16 pp.) (Robert Hunter Jr., J.) Appealed from Mecklenburg County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: Defendants have never blocked access to the private road, Home Place, which lies in front of their house and dead-ends nearby; furthermore, most of Home Place remains […]

Feb 5, 2015

Municipal — Zoning – Cell Phone Tower – Concealment – Giant Tree

Fehrenbacher v. City of Durham (Lawyers Weekly No. 15-07-0113, 24 pp.) (Linda Stephens, J.) Appealed from Durham County Superior Court (Howard Manning Jr., J.) N.C. App. Holding: Even though petitioners will probably always recognize the proposed 120-foot fake pine as a disguised cell phone tower, it nevertheless fits the respondent-city’s definition of a concealed wireless […]

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