Tag Archives: Moore County

Real Property – Prescriptive Easement – Adverse, Hostile or Under Claim of Right – Open & Notorious – Continuous & Uninterrupted – Substantial Identity – Tacking – Succession – Summary Judgment (access required)

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 full text of the opinion. Holding: The plaintiffs presented sufficient ...

Read More »

Municipal – Zoning – Car Dealership – No Permits – No Vested Right (access required)

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, plaintiffs did not have a vested right to develop a car dealership on the land. We affirm the trial court's grant of summary judgment for defendants on plaintiffs' tort claims. We reverse the trial court's grant of summary judgment for plaintiffs on their claim of a common law vested right.

Read More »

Domestic Relations – Alimony – Separation Agreement – Attorney’s Fees – Reasonableness (access required)

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.

Read More »