North Carolina Case Summaries
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North Carolina

North CarolinaBreach of ContractCivil ProcedureMunicipal Law
North Carolina Court of Appeals
Uncategorized

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

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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 CarolinaAdministrative LawEvidenceMunicipal 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

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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 CarolinaCivil ProcedureCivil RightsConstitutional
North Carolina Court of Appeals
Uncategorized

Doe v. Fulton — SAFE Child Act Revival Window Applies to School Board Sexual Abuse Claims; Ten-Year Repose Period in § 1-52(16) Limited to Latent Injuries

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The North Carolina Court of Appeals affirmed denial of a school board’s motion to dismiss a SAFE Child Act revival claim, holding that the ten-year repose period in N.C. Gen. Stat. § 1-52(16) applies only to latent injuries (not sexual assault) and that governmental immunity is not established at the pleading stage when the record leaves an unexplained gap in insurance coverage for any year in which the alleged abuse occurred.

North CarolinaMunicipal LawReal EstateStanding
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

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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.

North CarolinaAppellate ProcedureReal EstateReal Property
North Carolina Court of Appeals
Uncategorized

Alston v. Jacox — Prescriptive Easement Over Decades-Old Pathway Upheld Even After Third-Party Permission Grant

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The North Carolina Court of Appeals affirmed a prescriptive easement over a rural pathway that had been used for ingress and egress since the 1950s, holding that the required twenty-year period need not immediately precede the dispute and that an easement already vested by adverse use cannot be destroyed by a later permission grant to a third party.

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