Legal Opinion

Hyatt v. Town of Lake Lure

District Court, W.D. North Carolina

Decided August 26, 2002No. CIV. 1:02CV94PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants’ motion to dismiss for failure to-state a claim and on the Plaintiffs motion to amend complaint. For the reasons stated below, the Plaintiffs motion to amend is granted and the Defendants’ motion to dismiss is granted in part and denied in part.

I. FACTUAL HISTORY

In the 1920’s, Chimney Rock Mountains, Inc. (“Chimney Rock”) acquired title to a substantial area of land along the Broad River in Rutherford County, North Carolina, in order to construct what is now known as Lake Lure (sometimes, “the…

2Cases cited54 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Neitzke v. WilliamsSupreme Court of the United States · 1989
  4. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  5. Foman v. DavisSupreme Court of the United States · 1962

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3Cited by6 opinions

  1. Toomer v. GarrettCourt of Appeals of North Carolina · 2002
  2. Mayor of Aldermen v. WelchMississippi Supreme Court · 2004
  3. Hyatt v. Town of Lake LureDistrict Court, W.D. North Carolina · 2003
  4. Petroplex International v. St. James ParishDistrict Court, E.D. Louisiana · 2016
  5. Stoddard v. WynnDistrict Court, District of Columbia · 2016

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