Legal Opinion
Wilkie v. City of Boiling Spring Lakes
Court of Appeals of North Carolina
Decided December 30, 2016No. COA16-652PublishedCited by 2 opinions
1Opinion of the Court
STEPHENS, Judge.
*515 Defendant City of Boiling Spring Lakes ("the City") appeals from an order issued pursuant to N.C. Gen. Stat. § 40A-47 1 determining all issues other than compensation. The City argues that the trial court erred by concluding that an inverse condemnation occurred, because (1) the City's actions were not for a public use or benefit, (2) the flooding of the Wilkies' property was temporary and not subject to recurrence, (3) the City was not able to foresee encroachment onto or damage to the Wilkies' property, (4) the trial court misapplied the balancing test enumerated by the…
2Cases cited22 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Corum v. University of North CarolinaSupreme Court of North Carolina · 1992
- Goldston v. American Motors Corp.Supreme Court of North Carolina · 1990
- Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
- Sharpe v. WorlandSupreme Court of North Carolina · 1999
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3Cited by2 opinions
- Wilkie v. City of Boiling Spring LakesSupreme Court of North Carolina · 2018
- Camden County v. Northeastern Community Development Corp.District Court, E.D. North Carolina · 2017