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Tag Archives: Statute of Limitations

Municipal – Zoning – Civil Practice – Standing – Constitutional & Statutory Challenges – Statute of Limitations – Steep Slope & Viewshed Amendments (access required)

  Templeton v. Town of Boone. (Lawyers Weekly No. 10-07-1101, 32 pp.) (Donna S. Stroud, J.) (Barbara Jackson, J., concurring in part & dissenting in part) Appealed from Watauga County Superior Court. (Joseph N. Crosswhite, J.) N.C. App. Click here ...

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Civil Practice – Statute of Limitations – Counterclaims – Sealed Instrument – Fraud – Unfair and Deceptive Trade Practices – Promissory Notes – Vacation Home (access required)

McGuire v. Dixon. Fraud and unfair and deceptive trade practices counterclaims raised by defendants in a dispute over payment on a promissory note for the purchase of a vacation home in Jamaica were not barred by the statute of limitations that apply to those claims. Instead, the claims were governed by the 10-year statute of limitations that applies to claims based on sealed instruments.

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Civil Practice – Statute of Limitations – Banks & Banking – Civil Rights – ECOA – Spouses’ Guarantees – Accrual Date (access required)

  Stonecrest Partners, LLC v. Bank of Hampton Roads. (Lawyers Weekly No. 10-02-0925, 6 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: A violation of the Equal Credit Opportunity Act occurs when a loan applicant’s spouse is required to sign a ...

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Civil Practice – Administrative Dismissal – With Prejudice – Statute of Limitations – Service of Process – By Publication (access required)

Lawrence v. Alejandro. (Lawyers Weekly No. 10-16-0826, 5 pp.) (James A. Wynn Jr., J.) Appealed from Durham County Superior Court. (James E. Hardin, J.) N.C. App. Unpub. Holding: At an administrative session, the trial court dismissed plaintiff’s complaint with prejudice ...

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Civil Practice – Judgments – Renewal – Statute of Limitations – Small-Claims Action – Suit on Account (access required)

Blevins Workshop, Inc. v. Williams. In order to renew a 10-year-old judgment, plaintiff correctly brought an independent civil action to recover judgment on a debt. Given the amount of the judgment - $4,924 - plaintiffís action was within the jurisdiction of the small-claims court, and its district court pleading related back to its small-claims court complaint. We reverse the district courtís ruling that plaintiffís action was time-barred. We remand for a new trial.

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Civil Practice – Appeals – Interlocutory Order – Statute of Limitations – Unfair Trade Practices – Propane Tank Refills (access required)

State ex rel. Cooper v. Blue Ridge Tank Co. (Lawyers Weekly No. 10-16-0785, 9 pp.) (Sanford L. Steelman Jr., J.) Appealed from Wake County Superior Court. (Robert H. Hobgood, J.) N.C. App. Unpub. Holding: Not every propane tank the state ...

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Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection (access required)

Amward Homes, Inc. v. Town of Cary. The defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. [...]

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