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Municipal — Real Property – Condemnation – Public Trust Area – Nuisance
Six at 109, LLC v. Town of Holden Beach (Lawyers Weekly No. 15-07-0023, 20 pp.) (Wanda Bryant, J.) Appealed from Brunswick County Superior Court (Gary Trawick, J.) N.C. App. Holding: Even though the building inspector’s findings mentioned the ocean and its effects on plaintiff’s motel, the town’s commissioners based their condemnation of the motel on […]
Municipal – Condemnation – Nuisance – Real Property – Beachfront Cottages – Civil Practice – Ripeness & Mootness
Sansotta v. Town of Nags Head The defendant-town denied plaintiffs a building permit because their application was incomplete; therefore, plaintiffs cannot challenge a new town ordinance based solely on the town’s threatened or hypothetical denial of a permit under the new ordinance.
Real Property – Public Trust Doctrine – Enforcement – Municipal – Nuisance
Town of Nags Head v. Cherry, Inc. Only the state attorney general has authority to enforce the public trust doctrine. To the extent the plaintiff-town’s nuisance action is based on the defendant’s house encroaching on public trust lands, the town lacked authority to seek abatement.
Total damages could top $1 billion in Maryland poisoned-property trial
A Baltimore County jury has awarded more than $495 million in compensatory damages to residents who sued Exxon Mobil Corp. over a 2006 gasoline leak. At presstime, jurors were still deliberating how much to award plaintiffs in punitive damages. The jury found Exxon Mobil liable for fraud, negligence, nuisance, strict liability, trespass, diminution of property value, emotional distress and m[...]
Tort/Negligence – Real Property – Trespass – Unfair & Deceptive Acts – Nuisance – Spite Fence
Currituck Associates Residential Partnership v. Coastland Corp. (Lawyers Weekly No. 10-16-0707, 20 pp.) (Robert C. Hunter, J.) Appealed from Currituck County Superior Court. (Gary E. Trawick, J.) N.C. App. Unpub. Holding: A property owner who fails to object when another party installs landscaping and a sprinkler system on their land is giving implied consent and […]
Civil Practice – Standing – Nuisance – Zoning
McDowell v. Randolph County. (Lawyers Weekly No. 10-16-0714, 8 pp.) (Wanda G. Bryant, J.). Appealed from Randolph County Superior Court (Henry E. Frye, J.). N.C. App. Unpub. Holding: The trial court erred in finding that the plaintiffs had standing to bring a claim against a lumber company operating on a tract of land beside the […]
Tort/Negligence – Real Property – Trespass – Unfair & Deceptive Acts – Nuisance – Spite Fence
Currituck Associates Residential Partnership v. Coastland Corp. A property owner who fails to object when another party installs landscaping and a sprinkler system on their land is giving implied consent and cannot later claim that the acts were trespassing. [...]
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