Legal Opinion

Fed. Point Yacht Club Ass'n, Inc. v. Moore

Court of Appeals of North Carolina

Decided April 1, 2014No. COA13-681PublishedCited by 4 opinions

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

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  3. Creech v. MelnikSupreme Court of North Carolina · 1998
  4. Webb v. Glenbrook Owners Ass'n, Inc., Texas Court of Appeals, 5th District (Dallas)2009
  5. Energy Investors Fund, L.P. v. Metric Constructors, Inc.Supreme Court of North Carolina · 2000

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3Cited by4 opinions

  1. Carolyn Louise Gunn Testamentary Tr. v. BumgardnerCourt of Appeals of North Carolina · 2022
  2. Insight Health Corp. v. Marquis Diagnostic Imaging of N.C., LLCNorth Carolina Business Court · 2018
  3. Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev.Court of Appeals of North Carolina · 2020
  4. Shearon Farms Townhome Owners Ass'n II, Inc. v. Shearon Farms Dev.Court of Appeals of North Carolina · 2020

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