Legal Opinion

Fresenius Med. Care Holdings, Inc. v. Town of Lillington

District Court, E.D. North Carolina

Decided September 20, 2018No. 5:17-CV-00215-BRPublished

1Opinion of the Court

W. Earl Britt, Senior U.S. District Judge

This matter is before the court on defendant Town of Lillington's (the "Town") motion to dismiss for lack of subject matter jurisdiction and failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (DE # 13.) Plaintiff filed a response in opposition to the Town's motion. (DE # 20.) The Town did not file a reply. This matter is ripe for disposition.

Plaintiff is a corporation that owns and operates a hemodialysis facility in Lillington, North Carolina. (DE # 1, at 2.) On 4 May 2017, plaintiff filed the instant action…

2Cases cited20 opinions

Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
Corum v. University of North CarolinaSupreme Court of North Carolina · 1992
San Remo Hotel, L. P. v. City & County of San FranciscoSupreme Court of the United States · 2005
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

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