Cary Creek Ltd. Partnership v. Town of Cary

BRYANT, Judge.

On 29 May 2007, plaintiff Cary Creek Limited Partnership (“Cary Creek”) sought a declaratory judgment that ordinances enacted by defendant Town of Cary (“the Town”) which require preservation of riparian buffers are invalid and unenforceable or, in the alternative, that the Town must compensate Cary Creek under principles of inverse condemnation. The Town moved to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), which motion the trial court subsequently denied by order entered 14 November 2008. On 27 October 2008, Cary Creek moved for partial summary judgment, and on 26 November…