Legal Opinion · Dissent

Cedar Greene, LLC v. City of Charlotte

Court of Appeals of North Carolina

Decided August 7, 2012No. COA12-212Published

1DissentCalabria, Judge

I concur with the majority that plaintiff Cedar Greene, LLC (“Cedar Greene”) has standing to maintain a discrimination claim pursuant to N.C. Gen. Stat. § 160A-314. However, I disagree with the majority that O’Leary Group Waste Systems, LLC (“O’Leary”) lacks standing. Therefore, the trial court properly granted plaintiffs’ motion for summary judgment on their statutory discrimination claim. In addition, because the court found that the city exceeded its authority by setting rates and classifying customers under N.C. Gen. Stat. § 160A-314, the trial court properly decided it was unnecessary to…

2Cases cited10 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  3. Mangum v. Raleigh Board of AdjustmentSupreme Court of North Carolina · 2008
  4. Piedmont Canteen Service, Inc. v. JohnsonSupreme Court of North Carolina · 1962
  5. Estate of Apple Ex Rel. Apple v. Commercial Courier Express, Inc.Court of Appeals of North Carolina · 2005

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