Fed. Point Yacht Club Ass'n, Inc. v. Moore
Court of Appeals of North Carolina
1Opinion of the Court
BRYANT, Judge.
An association has representational standing to bring a lawsuit provided at least one of its members has suffered imminent harm. Where a defendant fails to join necessary parties to his action, a dismissal of his claim pursuant to N.C. R. Civ. P. 12(b)(7) is appropriate. Where a restrictive covenant must be enforced, a permanent injunction is the proper remedy. A trial court has discretion to award injunctive relief upon its weighing and balancing of the parties’ equities. However, a permanent injunction that prohibits contact between defendant and others without establishing…
2Cases cited23 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Creech v. MelnikSupreme Court of North Carolina · 1998
- Webb v. Glenbrook Owners Ass'n, Inc., Texas Court of Appeals, 5th District (Dallas)2009
- Energy Investors Fund, L.P. v. Metric Constructors, Inc.Supreme Court of North Carolina · 2000
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