Legal Opinion

SRS Arlington Offices 1, LLC v. Arlington Condo. Owners Ass'n, Inc.

Court of Appeals of North Carolina

Decided July 1, 2014No. COA13-808PublishedCited by 3 opinions

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

  1. Bruce-Terminix Company v. Zurich Ins. Co.Court of Appeals of North Carolina · 1998
  2. Whitfield v. GilchristSupreme Court of North Carolina · 1998
  3. Energy Investors Fund, L.P. v. Metric Constructors, Inc.Supreme Court of North Carolina · 2000
  4. River Birch Associates v. City of RaleighSupreme Court of North Carolina · 1990
  5. Falk Integrated Technologies, Inc. v. StackCourt of Appeals of North Carolina · 1999

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Recurrent Energy Dev. Holdings, LLC v. Sunenergy1, LLCNorth Carolina Business Court · 2018
  2. Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev.Court of Appeals of North Carolina · 2020
  3. Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev.Court of Appeals of North Carolina · 2020

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