The Georgia plaintiff is a pass-through entity that aggregates investments to fund renewable energy, mill restoration and historic redevelopment. Since plaintiff does not seek tax credits for itself, only for its investors, plaintiff does not have standing to administratively challenge ...
Read More »Taxation – Civil Practice – Standing – Pass-Through Entity – Tax Credits – Corum Claim
Contract – Breach by Repudiation – Partnership – Tort/Negligence – Fraud 
Plaintiffs allege they entered into multiple agreements with defendants to develop an affordable housing project, including an agreement for plaintiff Tonya Haddock to continue to provide development services for defendants after the expiration of their initial “interim agreement.” Plaintiffs also ...
Read More »Real Property – Planned Community – Declaration Amendments – Tort/Negligence – Breach of Fiduciary Duty – Civil Practice – Statute of Limitations – Necessary Parties 
Plaintiffs, as owners of vacant lots in the parties’ planned community, perceive that they have been disadvantaged by the acts of the defendant-directors of the community’s property owners’ association (POA); however, the board of directors is not obligated to act ...
Read More »Corporate – Records Inspection – Standing – Pennsylvania Law – Board Meeting Minutes – Shareholder List 
Although plaintiff’s shares were redeemed after the commencement of this lawsuit, the court predicts that Pennsylvania’s courts would rule that plaintiff nevertheless has standing to continue to seek production of the defendant-corporation’s records. The court grants summary judgment for plaintiff ...
Read More »Contract – Intellectual Property – Patent Licenses – Civil Practice – Pleadings Amendment 
Although federal courts have exclusive jurisdiction over cases arising under any federal statute relating to patents, since the claims that plaintiffs seek to add to their complaint are premised on a contract dispute, and since no substantial federal issues are ...
Read More »Contract – Waiver– Banks & Banking – Mortgage Brokers – Commissioner’s Approval 
Even though plaintiff has laid out undisputed facts that would support a finding of breach of contract—the North Carolina Commissioner of Banks did not approve two mortgage brokers’ joining of forces until three months after the date set out in ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Private Petition – Abandonment 
We affirm the decision of our Court of Appeals (Where the petitioner-mother testified that the respondent-father had paid nothing toward their son “Jeffrey’s” support in the preceding three years and had had no contact with Jeffrey since attending a ...
Read More »Civil Practice – Standing – Constitutional – First Impression – Elections – Political Ads 
Where our General Assembly created a statutory cause of action for a political candidate when a political advertisement fails to include certain content (identifying the source of the ad), the candidate (or, in this case, his assignee) may bring suit ...
Read More »Municipal – Public Utilities – Real Property – First Impression – Unconstitutional Conditions Doctrine 
The plaintiff-developers argue that the defendant-county violated the unconstitutional conditions doctrine by assessing water and sewer fees prior to issuing permits to develop real property. The doctrine seeks to prevent the government from leveraging its legitimate interest in mitigating harms ...
Read More »Tort/Negligence – Construction Project – Professional Negligence – Architects & Engineers – Licensure Defense 
Even though, due to a tight timeline, the plaintiff-contractor did not get its North Carolina general contracting license until after plaintiff signed its contract with the owner of a construction project, the “licensure defense,” which is intended to protect ...
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