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Tag Archives: notice

Banks & Banking – Consumer Protection – Retail Installment Contract – Repossession – Notice – No Preemption (access required)

Epps v. JP Morgan Chase Bank NA Federal regulations under the National Banking Act do not preempt a Maryland statute that governs repossession of personal property; Maryland has the right to regulate the notices lenders sent to borrowers before they repossess goods bought on a retail installment contract, and the 4th Circuit vacates dismissal of plaintiff car buyer’s putative class action.

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Landlord/Tenant – HUD Section 8 Program – Notice – Writing Required (access required)

Laurel Hill Apartments v. Hall The defendant-tenant’s lease was subsidized by the U.S. Department of Housing and Urban Development’s Section 8 program; therefore, 24 C.F.R. § 247.6 required the plaintiff-landlord to give the tenant written notice that it was terminating her lease. The landlord’s oral notice and the posting of the tenant’s bounced check failed to comply with the notice requirements of the parties’ lease and HUD regulations.

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Labor & Employment – Public Employees – Disability Retirement Benefits – Statutory Amendment – Vesting – Notice (access required)

Wood v. Teachers’ & State Employees’ Retirement System Plaintiff had not yet been working – and contributing to the Teachers’ and State Employees’ Retirement System (TSERS) – for five years the first time the General Assembly amended the statute dealing with disability retirement benefits; therefore, plaintiff’s rights in the original benefit plan had not vested.

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Municipal – Zoning – Appeals – Judicial Review – Untimely Petition – Final Order – Notice (access required)

In re Appeal of Peacock Even though the board of adjustment’s rules required it to enter its final decision in its minutes, and even though this was not accomplished until July 14, 2010, since the board’s written ruling was issued and signed by the zoning administrator and board chairman on May 17, 2010 and then filed with the town’s records on May 18, 2010, G.S. § 160A-388(e2) required petitioner to seek judicial review by June 18, 2010, and his July 28, 2010 petition was untimely.

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Domestic Relations – Parent & Child – Custody & Support – Arrearage – Notice – Changed Circumstances (access required)

Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court’s order granting custody to the father and requiring the mother to pay child support.

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Trusts & Estates – Civil Practice – Special Proceeding – Appeals – Notice (access required)

In re Estate of Prest Where appeals arising pursuant to G.S. § 1-301.2 do not require that the notice of appeal to superior court specify the basis for the appeal, respondents’ “Notice of Appeal to the Superior Court of Carteret County, of the Order issued in the Special Proceedings Division of Carteret County Civil Superior Court, on July 15, 2010 ... which granted the relief sought by the Petitioners in their Petition for Private Sale of Real property in [file number 10 SP 129]” satisfied the § 1-301.2 content requirements for notice of appeal. We reverse the superior court’s dismissal of respondents’ appeal.

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Insurance – Title – Real Property – Reformation Claim – No Mistake of Fact – Property Covered – Civil Practice – Notice – Statute of Limitations (access required)

Branch Banking & Trust Co. v. Chicago Title Insurance Co. Defendant agreed to insure the title of property for which plaintiff held a deed of trust. Defendant made no showing that the parties intended to exclude from their policy a parcel of the land that they later learned was encumbered by a prior deed of trust. Therefore, defendant was not entitled to a reformation of the policy.

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Tort/Negligence – STCA – Pothole – Notice (access required)

Schneider v. N.C. Department of Transportation Plaintiffs failed to challenge the Industrial Commission’s findings that the N.C. Department of Transportation had no notice of the pothole into which the minor plaintiff drove his bicycle (resulting in a broken leg). The commission’s unchallenged findings of fact establish that the DOT lacked notice of the pothole; therefore, plaintiffs failed to prove the DOT was negligent. We affirm the commission’s decision and order in favor of the DOT.

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Civil Practice – Rule 11 Sanctions – Improper Purpose – Insufficient Showing – Municipal – Zoning – Notice (access required)

Coventry Woods Neighborhood Association, Inc. v. City of Charlotte Contrary to the trial court’s finding, plaintiffs refuted evidence that their primary purposes in filing their lawsuits were to delay and harass the defendant-developer. Plaintiffs showed that resort to the courts was their only avenue to contest the defendant-city’s decision to allow the developer to increase the density of homes on property adjacent to plaintiffs’.

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Civil Practice – Judgment Execution – Exemption Schedule – Notice – Objection – Timeliness (access required)

Stewart v. Hodge According to plaintiff's uncontested brief, defendant served his exemption schedule on plaintiff by mailing it on Jan. 8, 2010, giving plaintiff until Jan. 21, 2010 (the 10 days from G.S. § 1C-1603(e)(5) plus three days for the mail to be delivered) to object. Since the clerk issued a notice of hearing...

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