SRS Arlington Offices 1, LLC v. Arlington Condo. Owners Ass'n, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
BRYANT, Judge.
A homeowners’ association has standing to bring a claim on behalf of its members. A claim for unjust emichment/quantum meruit is a claim for restitution which seeks to force a party to disgorge its ill-gotten profits. Where a party brings claims for restitution, the doctrine of election of remedies is not applicable. Summary judgment as to a claim is appropriate where a party has abandoned a claim.
The Arlington Condominium, completed on 28 January 2003, is comprised of three structures: a multi-level parking garage, a residential condominium tower, and a commercial building…
2Cases cited12 opinions
- Bruce-Terminix Company v. Zurich Ins. Co.Court of Appeals of North Carolina · 1998
- Whitfield v. GilchristSupreme Court of North Carolina · 1998
- Energy Investors Fund, L.P. v. Metric Constructors, Inc.Supreme Court of North Carolina · 2000
- River Birch Associates v. City of RaleighSupreme Court of North Carolina · 1990
- Falk Integrated Technologies, Inc. v. StackCourt of Appeals of North Carolina · 1999
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