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Tag Archives: Mecklenburg County

Real Property – Interlocutory Appeal – Restrictive Covenants – Injunction (access required)

Barfield v. Matos. (Lawyers Weekly No. 10-16-0761, 11 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Robert C. Ervin, J.) N.C. App. Unpub. Holding: A permanent injunction in a case involving restrictive covenants on real estate is interlocutory ...

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Tort/Negligence – Slip & Fall – Premises Liability – Restaurant – Water on Floor – Actual or Constructive Knowledge (access required)

Pinkney v. HMS Host USA, Inc. (Lawyers Weekly No. 10-16-0783, 14 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court. (Jesse B. Caldwell III, J.) N.C. App. Unpub. Holding: Even if plaintiff did slip in water on the ...

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Municipal – Zoning – Conflict of Interest – Hearing – Variance – Neighboring Nonconforming Use (access required)

Harbor Baptist Church v. City of Charlotte. (Lawyers Weekly No. 10-16-0778, 11 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (Robert C. Ervin, J.) N.C. App. Unpub. Holding: The defendant-city’s zoning board of adjustment (ZBA) discussed both ZBA ...

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Criminal Practice – Jailhouse Phone Call – Evidence – Authentication – Conspiracy to Sell Counterfeit Controlled Substance (access required)

State v. Mobley. (Lawyers Weekly No. 10-07-0755, 11 pp.) (Sanford L. Steelman Jr., J.) Appealed from Mecklenburg County Superior Court. (James W. Morgan, J.) N.C. App. Holding: The undercover officer who interacted with defendant during the drug buy identified defendant ...

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Civil Practice – Motion for Reconsideration – Standard – Tort/Negligence – Breach of Fiduciary Duty (access required)

Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (Lawyers Weekly No. 10-15-0731, 6 pp.) (Ben F. Tennille, Ch.J.) N.C. Bus. Ct. Holding: Plaintiff contends it learned in discovery that defendants exercised significant discretion over plaintiff’s investments, plaintiff did not have the ...

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ADA’s firing shines light on traffic school ‘arrangement’ (access required)

A Mecklenburg County assistant district attorney says he was terminated because he gave an interview to Charlotte's FOX affiliate. The attorney, Sean P. Smith, is a candidate for the district court seat held since 2009 by Gov. Bev Perdue appointee Tyyawdi M. Hands. Smith said that in the Mecklenburg district attorney's office, "You don't talk about certain things." He gave the interview on July 9 as part of his judicial campaign.

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