Before respondent began its ground-disturbing project, one of the petitioner-department’s sections issued respondent an erosion and sedimentation control permit pursuant to the Sedimentation Pollution Control Act. This did not estop another of petitioner’s sections from finding that respondent was violating ...

Tagged with: estoppel

Turnage v. Cunningham (Lawyers Weekly No. 17-222-1, 18 pp.) (Wanda Bryant, J.) Appealed from Greene County Superior Court (Paul L. Jones, J.) N.C. App. Unpub. Holding:  In an action seeking an implied easement by necessity, we find that plaintiffs satisfied ...

Tagged with: estoppel

Quality Built Homes Inc. v. Town of Carthage (Lawyers Weekly No. 012-019-17, 11 pp.) (Wanda Bryant, J.) Appealed from Moore County Superior Court (James Webb, J.) On remand from the N.C. Supreme Court. N.C. App. Unpub. Holding: Where (1) the ...

Tagged with: estoppel

In re Will of Fuller (Lawyers Weekly No. 15-16-0965, 17 pp.) (Rick Elmore, J.) Appealed from Guilford County Superior Court (R. Stuart Albright, J.) N.C. App. Unpub. Holding: Contrary to the appellees’ argument, the appellants could submit a will to ...

Tagged with: estoppel

Ojebuoboh v. Sebelius The plaintiff-doctor did not raise the issue of which set of Medicare Guidelines (the 1995 version or the 1997 version) applied until his motion for reconsideration before the Medicare Appeals Council (MAC). Accordingly, the MAC’s adoption of the independent reviewer’s decision to use the 1997 guidelines was not arbitrary, capricious, or an abuse of discretion.

Tagged with: Administrative estoppel Medicare Reimbursement

State v. Pope Even if the initial investigation into defendant’s activities was motivated by local politics, once it was turned over to the SBI to investigate and the district attorney - a state officer, not an agent of the local government - to prosecute, the case was no longer subject to the control of the local government.

Tagged with: Criminal Practice estoppel

Regale, Inc. v. Thee Dollhouse Productions N.C., Inc. (Lawyers Weekly No. 11-02-0092, 16 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: The court cannot find that an arbitration panel manifestly disregarded the law or that its award failed to draw its ...

Tagged with: Arbitration estoppel res judicata

Robinson v. Bridgestone. For injuries to which G.S. 1-50(6) is applicable, the plaintiff must prove the condition precedent that the cause of action is brought no more than six years after the date of initial purchase of the product for use or . . .

Tagged with: estoppel Halifax County Products Liability Statute of Repose Tort/Negligence

NRC Golf Course, LLC v. JMR Golf, LLC. The parties' option agreement included as its price term only "fair market value at exercise date validated by an independent third-party appraisal." This option lacks a sufficient method by which to . . .

Tagged with: Appraiser estoppel Fair Market Value Lease Real Property

Marsh v. Union County Board of Adjustment. (Lawyers Weekly No. 10-16-0647, 5 pp.) (Barbara Jackson, J.), Appealed from Union County Superior Court. (Gary Evan Trawick, J.) N.C. App. Unpub. Holding: When a farmer who had a special-use permit to hold ...

Tagged with: estoppel Municipal special-use permit Zoning