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Tag Archives: Condemnation

Copying error leaves county on the hook for just compensation (access required)

Simply Fashion knew in 2000 when it leased space in Freedom Mall on Charlotte's west side that its landlord was trying to sell the space. That's why the lease provided that either the landlord or its successor could terminate the lease on 120 days notice if the mall were sold and switched to nonretail use. When Mecklenburg County bought the mall in 2007 and converted the space for use by county employees, it offered Simply Fashion $21,813 to terminate its lease early. Simply Fashion refused, so the county moved to condemn the store's leasehold interest. It didn't need to do that, said Charlotte attorney Thomas L. Odom Jr. of the Odom Law Firm.

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Municipal – Residential Housing – Condemnation – Constitutional Taking – Failure to Exhaust Administrative Remedies (access required)

Agapion v. City of Greensboro. The plaintiff-property owner did not appeal the defendant-city's condemnation of his residential properties; instead, the property owner filed this action alleging an unconstitutional taking. The property owner failed to exhaust his administrative remedies. We affirm summary judgment for the city.

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