Court won’t tell hotel to hightail
The North Carolina Court of Appeals has struck a blow for those of us with a pile of bills on our desk that we’ll get around to just as soon as it’s convenient. The court rejected a landlord’s effort to terminate a lease because the tenant didn’t pay its property taxes on the very day […]
Administrative – Licenses & Permits – Faulty Inspection – Hotel Pool – Carbon Monoxide Poisoning
Winkler v. State Board of Examiners of Plumbing, Heating & Fire Sprinklers Contractors (Lawyers Weekly No. 011-327-16, 32 pp.) (Donna Stroud, J.) Appealed from Watauga County Superior Court (Jeff Hunt, J.) N.C. App. Holding: Although petitioner’s “Heating Group 3 Class II” license would not have allowed him to install, alter or restore a hotel pool […]
Hotel purchase results in $826K verdict
A Cumberland County woman received an award of nearly $826,000 after she purchased a hotel she later learned would be landlocked by a state Department of Transportation road project. Brenda Lee Joseph, a state contractor, won a real estate fraud lawsuit in May against a married couple, Subodh and Sangeeta Thakur, after it was determined […]
Municipal — Real Property – Consent Judgment – Hotel – Appraisal – Parking Spaces
Wells v. City of Wilmington (Lawyers Weekly No. 15-07-0609, 22 pp.) (Linda Stephens, J.) Appealed from New Hanover County Superior Court (Paul Jones, J.) N.C. App. Holding: A consent judgment prohibits the defendant-city from using public funds to build or subsidize a hotel at the city’s convention center complex. Since the city is making a […]
Practical Litigator: Holding Bates Motel and its sort liable for on-site crimes
Showering in a strange motel room hasn't been the same since Norman Bates called on Janet Leigh one evening in 1960. Nothing makes a weary traveler think nice hot shower like the thought of a knife-wielding mollycoddle prowling the premises. Wearing a wig no less! Sweet dreams? Down the drain, like so much spiraling gore. While no comprehensive studies have quantified the recent data, anecdotal ev[...]
Dispute over plaza repairs nets $1.14 plaintiff’s verdict
Plaintiff-office tower owner and defendant-hotel owner share the use of an outdoor plaza subject to a cross-easement agreement. Plaintiff undertook a significant project to replace the waterproofing of the outdoor plaza, which resulted in the replacement of all of the pavers, as well as significant repairs to fountains and other features. Plaintiff sought reimbursement for […]
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