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 ...

Tagged with: Civil Practice Municipal standing Statute of Limitations Watauga County Zoning

Beaver v. Fountain. The act providing for the tolling of a statute of limitations while a serviceman is on active duty also extends to civilians who bring claims against a serviceman.

Tagged with: Chatham County Civil Practice Statute of Limitations Tolling

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.

Tagged with: Civil Practice Dare County Fraud promissory note Statute of Limitations Unfair and Deceptive Trade Practices

  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 ...

Tagged with: Banks & Banking Civil Practice Civil Rights ECOA Statute of Limitations

Lanvale Properties, LLC v. County of Cabarrus. (Lawyers Weekly No. 10-16-0889, 12 pp.) (Hunter, Robert C., J.). Appealed from Cabarrus County Superior Court (Mark E. Klass & W. David Lee, JJ.) N.C. App. Unpub. Holdings: The county lacked the authority ...

Tagged with: Cabarrus County Municipal Statute of Limitations Zoning

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 ...

Tagged with: Civil Practice Durham County Prejudice Service of Process Statute of Limitations

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.

Tagged with: Civil Practice Judgments Statute of Limitations

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 ...

Tagged with: appeals Civil Practice interlocutory Statute of Limitations Unfair Trade Practices Wake County

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. [...]

Tagged with: appeals Civil Practice Constitutional developer & builder fees Due Process equal protection interlocutory mootness Municipal Schools & School Boards standing Statute of Limitations

Carlton v. Melvin. A plaintiff in a medical malpractice action may not take advantage of the statute of limitations extensions in both N.C. R. Civ. P. 3 and 9(j).

Tagged with: Civil Practice Medical Malpractice Statute of Limitations Tort-Negligence