Plaintiffs have an easement over a gravel road on a servient tract; the new owner of the servient tract developed that tract, built a road that crosses the gravel road, and offered the road to the defendant-town for dedication. The ...

Tagged with: Municipal

Even though the defendant-city bought commercial general liability insurance, this did not waive the city’s governmental immunity, given that the policy expressly stated that the city’s purchase of insurance was not a waiver of governmental immunity under the General Statutes ...

Tagged with: Municipal

On 31 October 2019, the respondent-city’s housing appeals board upheld a notice of violation due to overgrowth and debris on petitioner’s property. Petitioner was notified that he had 15 days to appeal, yet he did not file notice of appeal ...

Tagged with: Municipal

Petitioner kept ten potbellied pigs as pets, but the “Limited Agriculture” provision of the respondent-town’s zoning ordinance, which applies to petitioner’s residential property, prohibits the keeping of “livestock such as . . . swine. . . .” Although petitioner may ...

Tagged with: Municipal

Plaintiff argues that the defendant-city violated its own City Council Rule 28 by holding an electronic meeting via WebEx to decide a matter that could have been postponed, i.e., the rezoning of property to allow the construction of up to ...

Tagged with: Municipal

Even though the same rape case was the backdrop for the Hickory Police Department’s wrongful acts in 1987-1988 and again from 2003 to 2011, the acts were separate: the earlier wrongful acts involved withholding exculpatory evidence from the district attorney ...

Tagged with: Municipal

Although section 8(g) of the Asheville Civil Service Law only specifically refers to a petitioner seeking a jury trial, when read as a whole, § 8(g) permits either a petitioner or a respondent to request a jury trial upon appeal ...

Tagged with: Municipal

City of Greensboro v. Guilford County Board of Elections (Lawyers Weekly No. 003-009-17, 27 pp.) (Catherine Eagles, J.) 1:15-cv-00559; M.D.N.C. Holding: Where the General Assembly redistricted the City of Greensboro’s city council seats, and where the only discernible legislative motivation ...

Tagged with: Municipal

City of Greensboro v. Guilford County Board of Elections (Lawyers Weekly No. 003-008-17, 21 pp.) (Catherine Eagles, J.) 115-cv-00559; M.D.N.C. Holding: The General Assembly violated the Equal Protection Clause when it singled out the City of Greensboro and prohibited only ...

Tagged with: Municipal

Wilkie v. City of Boiling Springs Lakes (Lawyers Weekly No. 011-014-17, 18 pp.) (Linda Stephens, J.) Appealed from Brunswick County Superior Court (Ebern Watson III, J.) N.C. App. Holding: G.S. § 40A-51 defines when the remedy of an inverse condemnation ...

Tagged with: Municipal