North Carolina Lawyers Weekly

The pedestrian easement along defendants’ property line now leads to a developed greenway rather than an undeveloped floodplain. This is immaterial because the purpose for which plaintiffs seek to use the easement says within the original intended scope of pedestrian ...

Tagged with: Real Property

Law enforcement agencies are not permitted to allow the viewing of custodial law enforcement agency recordings (CLEARs) absent compliance with court orders resulting from proceedings under G.S. § 132-1.4A. Subsection (f) thereof allows certain persons to ask to view CLEARs ...

Tagged with: Civil Rights

Where the trial court’s written orders do not recite any standard of proof, and where the trial court also did not announce the standard of proof in open court when making its ruling at the adjudicatory portion of the hearing, ...

Tagged with: Domestic Relations

When our Supreme Court remanded the order terminating respondent’s parental rights, the trial court was permitted, but not required, to hear from the parties on remand. Once the trial court determined to hear from the guardian ad litem and the ...

Tagged with: Domestic Relations

Defendant had filed motions to dismiss for failure to state a claim and for lack of personal jurisdiction, but defendant calendared a hearing only on its motion to dismiss for failure to state a claim. At the hearing, when the ...

Tagged with: Civil Practice

In response to defendant HJH Companies’ assertion that plaintiff owes HJH more than $200,000 and that any dispute is subject to arbitration, plaintiff filed this suit seeking declaratory judgment as to the validity of a contract that plaintiff’s former employee ...

Tagged with: Arbitration

The kind of action presented here is one for alienation of affections, a tort over which the trial courts of this state indisputably possess subject-matter jurisdiction. We reverse the trial court’s order granting defendant’s motion to dismiss for lack of ...

Tagged with: Civil Practice

One sentencing point increased defendant’s prior record level from III to IV. That point came from G.S. § 15A-1340.14(b)(7), i.e., the offense was committed while defendant was on probation, parole, or post-release supervision. Although the record does not show that ...

Tagged with: Criminal Practice

Neither defendant nor his counsel appeared at a hearing for a domestic violence protective order; defendant had COVID-19, and defense counsel had a medical emergency on the day of the hearing. The trial court did not abuse its discretion when ...

Tagged with: Civil Practice

Even though the respondent-mother made progress on the condition that led to her sons’ removal – substance abuse – since she also failed to maintain contact with “Charles” and “Colin” or to provide for them, the trial court could let ...

Tagged with: Domestic Relations