Legal Opinion · Dissent

Town of Beech Mountain v. Genesis Wildlife Sanctuary, Inc.

Court of Appeals of North Carolina

Decided May 10, 2016No. 15-517Published

1DissentDillon, Judge

I believe that the trial court erred in denying the Town's motions for directed verdict and JNOV regarding Genesis' substantive due process claim. Further, I believe that the trial court erred in granting summary judgment in favor of Genesis on the Town's breach of Lease claim. Accordingly, I respectfully dissent.

*474I. Genesis' Substantive Due Process Claim

In 1999, the Town entered into an agreement (the "Lease") to lease to Genesis certain property (the "Property") in close proximity to Buckeye Lake. Buckeye Lake is the source of the Town's drinking water. Genesis uses the property to maintain…

2Cases cited18 opinions

United States v. O'BrienSupreme Court of the United States · 1968
Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
City of Trenton v. New JerseySupreme Court of the United States · 1923
Smith v. StateSupreme Court of North Carolina · 1976

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