MMR HOLDINGS, LLC v. City of Charlotte

WYNN, Judge.

In Abernathy v. Town of Boone Board of Adjustment, 109 N.C. App. 459, 427 S.E.2d 875 (1993), this Court recognized that the defense of laches could be asserted to prevent a municipality from enforcing its ordinances.

Petitioner, Town and Country Ford, operates an auto dealership in Charlotte and leases property from petitioner MMR Holdings. They argue on appeal that the doctrine of laches barred the City of Charlotte from declaring their balloons, pennants and other declarations to be a violation of a sign ordinance. We review de novo the petitioners’ contention that the record…