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Jun 28, 2010

Flooding lawsuit can proceed against town

RALEIGH (NCLW) — A couple could go forward on their claim against the Town of Apex over flooding damage that happened after the town restored water service to a rental house the couple had just purchased, the Supreme Court has ruled. The house was unoccupied when a worker reconnected the water, and a bathtub spigot […]

Jun 21, 2010

Municipal – Real Property – County Land Purchase – Civil Practice – Judgment on the Pleadings – Attached Exhibits – Purchase Price – Financing

Reese v. Mecklenburg County. (Lawyers Weekly No. 10-07-0550, 33 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court. (W. David Lee, J.) N.C. App. Holding: Where the complaint refers to the Mecklenburg County Commission’s decision to sell a parcel of land to the N.C. Department of Transportation, and where the complaint mentions the […]

Jun 14, 2010

Man settles with town for $750K over shooting, curtilage search

Three police officers from the Town of Clayton went to the home of the Hispanic plaintiff late at night in search of another Hispanic man who had run away from his probation officers. The officers unlawfully searched the curtilage of plaintiff’s home, and finding nothing, summoned the plaintiff to his door. When the plaintiff opened […]

Dec 14, 2009

$1.23M post-verdict settlement in Robin Sage case

A U.S. Army soldier who was seriously wounded during a training exercise seven years ago in Moore County has settled a civil rights lawsuit against both the deputy who shot him and the sheriff’s department. The soldier, Stephen Phelps, filed the lawsuit in 2004, alleging that Deputy Randall Butler used excessive force in violation of […]

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