Chief public defenders tapped for two districts
Two new chief public defenders have been appointed to serve districts in southeastern North Carolina. Phillip A. Elkins has been named chief public defender for Defender District 21, which serves […]
State moves 11 more counties into eCourts system
The state’s eCourts electronic court filing system expanded to 11 more counties this week, bringing the number of counties served by it to 49. The system went active Monday in […]
Expansion continues in October for eCourts system
October’s expansion of the eCourts system will bring 49 of the North Carolina’s 100 counties into the electronic document filing and access system’s fold. Eleven counties— Anson, Cabarrus, Cumberland, Hoke, […]
Cooper taps three new District Court judges
RALEIGH — Three lawyers have been appointed to the District Court bench by Gov. Roy Cooper. All three have trial experience, a release from Cooper’s office says, with two of […]
Judge rules North Carolina dam owner should pay $1.1 million
VASS (AP) A judge has ordered the owners of a troubled dam in North Carolina to pay the state $1.1 million because of a breach. Woodlake CC Corp. has agreed […]
Wages, emotional distress both available to fired chief
A former police chief’s $100,000 wrongful termination verdict against a Moore County town survived largely intact after an April 15 ruling in which the North Carolina Court of Appeals held […]
Contract – Breach of Contract – Summary Judgment – Spa – Terms – Unfair Trade Practices
Hodges v. Young. Where the plaintiff sued a spa company manager for breach of contract after he discovered that a two-pump rather than a three-pump spa was installed, the District Court . . .
Real Property – Prescriptive Easement – Adverse, Hostile or Under Claim of Right – Open & Notorious – Continuous & Uninterrupted – Substantial Identity – Tacking – Succession – Summary Judgment
Deans v. Mansfield. (Lawyers Weekly No. 11-07-0157, 12 pp.) (Sanford L. Steelman Jr., J.) Appealed from Moore County District Court. (Jayrene R. Maness, J.) N.C. App. Click here for the […]
Municipal – Zoning – Car Dealership – No Permits – No Vested Right
MLC Automotive, LLC v. Town of Southern Pines. Even though plaintiffs' land was zoned for general business, including car dealerships, when plaintiffs bought the land, since plaintiffs did not obtain any of the permits required to build their car dealership in the three years before the defendant-town changed the land's zoning classification to one that prohibits car dealerships, plaintif[...]
Domestic Relations – Alimony – Separation Agreement – Attorney’s Fees – Reasonableness
Jackson v. Penton. The trial court had the authority to award reasonable attorney's fees under the express provisions of a separation agreement; however, the amount of fees was unreasonable where they were awarded to enforce a provision of the separation agreement that was unenforceable as against public policy. Affirmed in part; reversed and remanded in part.
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