Municipal Law – Case Law Wire

North Carolina Breach of Contract Civil Procedure Municipal Law

North Carolina Court of Appeals

Outer Banks Ventures, Inc. v. Currituck County — Developer’s 1986 Water and Sewer Reimbursement Agreement Not an Installment Contract; Claims Against County Time-Barred

/ June 3, 2026

The North Carolina Court of Appeals affirmed summary judgment dismissing a developer’s twelve-year-old breach-of-contract claim against Currituck County under an assumed water and sewer reimbursement agreement, holding that the 1986 developer agreement was not an installment contract because the county’s payment obligation was contingent on its own decision to connect customers, making the consideration unified and all claims time-barred under N.C. Gen. Stat. § 1-53(1)’s two-year limitations period.

North Carolina Administrative Law Evidence Municipal Law

North Carolina Court of Appeals

Uncategorized

Hall v. Henderson County — Board of Adjustment Properly Permitted Addiction-Recovery Facility as Assisted Living Residence; Quasi-Judicial Body Not Bound by Rules of Evidence

/ June 3, 2026

The North Carolina Court of Appeals reversed the superior court and reinstated Henderson County’s grant of a special use permit for a residential addiction-recovery facility, holding that the Board of Adjustment properly classified the facility as an Assisted Living Residence because the county code’s use table enumerated ALR but not Mental Health Facility, and clarifying that a quasi-judicial body’s evidentiary rulings are reviewed for due process violation (on exclusion) or competent-evidence support (on admission)—not as errors of law under the Rules of Evidence.

North Carolina Municipal Law Real Estate Standing

North Carolina Court of Appeals

Uncategorized

Daedalus, LLC v. Mecklenburg County — County Cannot Sue for Homeowner Damages, Owners Who Never Pleaded Their Own Claims Lose Damages Award

/ June 3, 2026

The North Carolina Court of Appeals vacated a trebled-damages award in a Mecklenburg County building-code enforcement suit, holding that a county lacks standing under Dillon’s Rule to recover monetary damages on behalf of private homeowners and that intervenors who never pleaded their own claims cannot collect from the county’s judgment, while remanding the underlying duplex-vs.-townhouse liability issue for re-evaluation under the 2012 and 2018 code editions that governed at the time of construction.