Legal Opinion

IMT, Inc. v. City of Lumberton

Court of Appeals of North Carolina

Decided February 21, 2012No. COA11-813PublishedCited by 2 opinions

1Opinion of the Court

HUNTER, JR., Robert N., Judge.

This appeal is the result of four separate cases that were appealed and have been consolidated pursuant to Rule 11(d) of the Rules of Appellate Procedure. Appellants1 argue (1) the trial court erred by granting summary judgment in favor of the City of Lumberton (the “City’) (“Appellee”) and denying Appellants’ summary judgment motion and (2) the ordinance at issue is unenforceable against Appellants for various reasons. We disagree and affirm the judgment of the trial court.

I. Factual & Procedural Background

Appellants operate businesses within the municipal…

2Cases cited19 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  3. Oliver v. RobertsCourt of Appeals of North Carolina · 1980
  4. Sturgill v. Ashe Memorial Hospital, Inc.Court of Appeals of North Carolina · 2007
  5. Hajoca Corporation v. ClaytonSupreme Court of North Carolina · 1971

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3Cited by2 opinions

  1. IMT, Inc. v. City of LumbertonSupreme Court of North Carolina · 2013
  2. Smith v. City of FayettevilleCourt of Appeals of North Carolina · 2013

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