Mardan IV, LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

Tagged with: Development Zoning

Craft Dev., LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

Tagged with: Development Zoning

Lanvale Properties v. Cnty of Cabarrus Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

Tagged with: Development Zoning

  By PAUL THARP, Staff Writer [email protected] Charlotte attorney James B. Gatehouse said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, “I anticipate that this one will be tried,” Gatehouse said of ...

Tagged with: commercial real estate Construction developer & builder fees Development general contractor

Allen v. Land Resource Group of North Carolina, LLC. In a case involving 22 plaintiffs, 29 defendants and at least 15 causes of action, it is imperative that plaintiffs' complaint specify which plaintiff(s) is alleging which cause(s) of action against which defendant(s). Plaintiffs have 30 days to file a statement of claims. N.C. R. Civ. P. 10(b) specifies that each paragraph in a pleading be limited to a single set of circumstances and that each claim is founded upon a separate transaction or occurrence. Rules 20 and 21 provide the courts and counsel with management tools to join or sever parties and claims in a manner that promotes judicial economy and justice. Clear and concise pleadings that spell out which claims are asserted against which defendants are essential to the decision-making process under Rules 20 and 21. Failure to properly plead separate causes of action and to identify specifically the party against whom a claim is asserted may be an indication of a Rule 11 violation. The amended complaint fails to tell the court or defendants which claims are asserted against which defendants by which plaintiffs.

Tagged with: Bankruptcy Civil Practice Development pleadings Real Property

SWANNANOA (AP) – Chalk up one victory for Tiger Woods this year. Construction on Woods’ first American golf course, The Cliffs at High Carolina near Asheville, is back in full swing after developers agreed to reduce the planned impact the ...

Tagged with: commercial real estate Development Environmental Law Golf Course Real Property

Canady v. N.C. Coastal Resources Commission. In a case involving permits under the Coastal Area Management Act, the decisions of the administrative agency charged with interpreting its own regulations are entitled to deference on appeal, but the decisions of its staff are not.

Tagged with: Administrative Development Environmental Law Real Property