Nelson v. Town of Highlands

Because I disagree with the application of the principle of stare decisis here, I respectfully dissent. The cases relied upon by the appellee and discussed in the majority opinion as binding include Yandle v. Mecklenburg County, 85 N.C. App. 382, 355 S.E.2d 382 (1987), and Tradewinds Campground, Inc. v. Town of Atlantic Beach, 90 N.C. App. 601, 369 S.E.2d 365 (1988). The Court in Tradewinds relied entirely on Yandle, which in turn relied primarily on Centre Development Co. v. County of Wilson, 44 N.C. App. 469, 261 S.E.2d 275 (1980), on the issue of whether the landowner may pursue injunctive…