Petitioners’ only admissible evidence of special damages was their own testimony that their property would suffer a diminution in value if the Hampton respondents’ asphalt plant were allowed to operate; consequently, petitioners lack standing to seek review of the superior ...

Tagged with: standing

  After a receiver was appointed to settle the affairs of his business, plaintiff entered into a settlement agreement with the receiver, giving up all causes of action, including any unasserted claims. Accordingly, plaintiff lacked standing to sue defendants for ...

Tagged with: Ceded Claims standing

Nanni v. Aberdeen Marketplace, Inc. (Lawyers Weekly No. 001-004-18, 20 pp.) (Robert King, J.) 16-1638; Dec. 21, 2017; USDC at Baltimore, Md. (William Nickerson, S.J.) 4th Cir. Holding: A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) ...

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WLAE, LLC v. Edwards (Lawyers Weekly No. 011-402-17, 15 pp.) (Rick Elmore, J.) Appealed from Henderson County Superior Court (Mark Powell, J.) N.C. App. Holding: An invalid assignment of rights leaves plaintiff without standing to sue over the logging of ...

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People for the Ethical Treatment of Animals, Inc. v. Stein (Lawyers Weekly No. 003-011-17, 38 pp.) (Thomas Schroeder, J.) 1:16-cv-00025; M.D.N.C. Holding: The North Carolina Property Protection Act (the Act) creates a civil cause of action for a North Carolina ...

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Arnold v. University of North Carolina at Chapel Hill (Lawyers Weekly No. 012-068-17, 10 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Robert Ervin, J.) N.C. App. Unpub. Holding: Plaintiffs attended the defendant-university on athletic scholarships and were ...

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Gillespie v. Majestic Transport, Inc. (Lawyers Weekly No. 020-063-16, 24 pp.) (Gregory McGuire, J.) 2016 NCBC 67 Holding: One of the equal partners in a general partnership can pursue claims on behalf of the partnership when the other partner allegedly ...

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Universal Cab Co. v. City of Charlotte (Lawyers Weekly No. 12-118-16, 31 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court (Louis A. Bledsoe, Jr., J.) N.C. App. Unpub. Holding:  Plaintiff cab company brought this action alleging a ...

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First Citizens Bank, NA v. L&M Realty & Investment Property, Inc. (Lawyers Weekly No. 15-16-0257, 16 pp.) (Douglas McCullough, J.) Appealed from Franklin County District Court (Daniel Finch, J.) N.C. App. Unpub. Holding: The individual defendants do not direct us ...

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Khan Bros., Inc. v. City of Charlotte (Lawyers Weekly No. 15-15-0223, 12 pp.) (Louis Bledsoe III, J.) 2015 NCBC 23 Holding: Although plaintiff has alleged corrupt actions on the part of one member of the defendant-city’s council, the injury plaintiff ...

Tagged with: standing