Legal Opinion
Town of Nags Head v. Cherry, Inc.
Court of Appeals of North Carolina
Decided February 21, 2012No. COA11-931PublishedCited by 9 opinions
1Opinion of the Court
STROUD, Judge.
Defendant appeals trial court orders denying its motions to dismiss and granting partial summary judgment in favor of plaintiff. For the following reasons, we reverse the trial court’s order denying defendant’s motion to dismiss pursuant to Rule of Civil Procedure 12(b)(1) and reverse the trial court’s order granting partial summary judgment and remand for further proceedings.
I. Background
On 19 April 2010, plaintiff filed a verified complaint alleging that defendant owned a “Dwelling” that “[s]ince at least October 6, 2008 ... has been damaged to such an extent that the…
2Cases cited8 opinions
- Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
- Williams v. Carolina Power & Light Co.Supreme Court of North Carolina · 1979
- Fabrikant v. Currituck CountyCourt of Appeals of North Carolina · 2005
- Department of Transportation v. M.M. Fowler, Inc.Supreme Court of North Carolina · 2006
- Fairfield Harbour Property Owners Ass'n v. Midsouth Golf, LLCCourt of Appeals of North Carolina · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Roc Sansotta v. Town of Nags HeadCourt of Appeals for the Fourth Circuit · 2013
- Town of Nags Head v. Matthew ToloczkoCourt of Appeals for the Fourth Circuit · 2013
- Fisher v. Town of Nags HeadCourt of Appeals of North Carolina · 2012
- Sansotta v. Town of Nags HeadDistrict Court, E.D. North Carolina · 2012
- Sansotta v. Town of Nags HeadDistrict Court, E.D. North Carolina · 2014
4 more not listed; retrieve them via the Exa API.