Newton v. City of Winston-Salem

COZORT, Judge.

The question presented in this appeal is whether defendant city is liable in damages to plaintiff for demolishing plaintiffs building without complying with the procedural requirements of N.C. Gen. Stat. §§ 160A-441 through -450. The trial court held as a matter of law that defendant had not served plaintiff with complaints and orders in accordance with § 160A-445. Nevertheless, the trial court instructed the jury that, if it found that defendant “use[d] reasonable diligence to provide actual notice to Plaintiff ... so that Plaintiff had timely notice to protect his rights,”…