Once defendant received title to a planned community’s common area, defendant became a member of the community’s homeowners association; accordingly, he can challenge the association board’s standing to file suit against him. Where the association’s board did not follow the ...

Tagged with: Real Property

The plaintiff-borrower alleges that the defendant-bank was negligent in failing to discover and inform him that the appraisal of the house he planned to build was inflated; however, plaintiff has not sufficiently alleged that he justifiably relied on the appraisal ...

Tagged with: Real Property

Plaintiffs, who have property on the sound side of the Town of Topsail Beach, are worried that, because the town has repealed its Dune Protection Ordinance, the town will allow development on oceanfront lots, increasing the potential for flood damage ...

Tagged with: Real Property

Holding: Plaintiffs, who have property on the sound side of the Town of Topsail Beach, are worried that, because the town has repealed its Dune Protection Ordinance, the town will allow development on oceanfront lots, increasing the potential for flood ...

Tagged with: Real Property

Holding: Although the defendant-homeowner contends that the trial court should not have awarded attorney’s fees to the plaintiff-contractor because defendant did not unreasonably refuse to resolve the matter, defendant does not contest the trial court’s findings that (1) plaintiff demanded ...

Tagged with: Real Property

In re Lowe’s Home Centers, LLC (Lawyers Weekly No. 011-032-18, 12 pp.) (Philip Berger Jr., J.) Appealed from the Property Tax Commission. N.C. App. Holding: By abandoning its $14,572,900 assessed value of the taxpayer’s property in favor of the $16,100,000 ...

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Regency Centers Acquisition, LLC v. Crescent Acquisitions, LLC (Lawyers Weekly No. 020-011-18, 28 pp.) (Gregory McGuire, J.) 2018 NCBC 7 Holding: Plaintiff alleges that, at some point between August 2014 and 2015, the defendant-developer determined that it would not sell ...

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Ocracomax, LLC v. Davis (Lawyers Weekly No. 011-357-17, 6 pp.) (Chris Dillon, J.) Appealed from Hyde County Superior Court (Wayland Sermons Jr., J.) N.C. App. Holding: When the authority to grant attorney’s fees is assigned in a non-remedial spirit, fees ...

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Fortner v. Hornbuckle (Lawyers Weekly No. 012-138-17, 12 pp.) (Chris Dillon, J.) Appealed from Swain County Superior Court (Marvin Pope Jr., J.) N.C. App. Unpub. Holding: The issue of whether the plaintiffs’ decedent made and delivered gift deeds to defendants ...

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Whitley v. Whitley (Lawyers Weekly No. 012-120-17, 11 pp.) (Ann Marie Calabria, J.) Appealed from Edgecombe County Superior Court (Walter Godwin Jr., J.) N.C. App. Unpub. Holding: Even if plaintiff advanced payments for the insurance, taxes and upkeep of the ...

Tagged with: Real Property