Providence Volunteer Fire Department v. Town of Weddington

*428 INMAN, Judge.

*128 A municipality's motion to dismiss a tort claim based on governmental immunity is properly denied when the motion does not refute a verified complaint alleging that the tort occurred when the municipality was engaged in a proprietary function. A preliminary injunction is inappropriate where a plaintiff has filed a notice of lis pendens , thereby securing a full, adequate, and complete remedy at law.

Providence Volunteer Fire Department, Inc. ("Plaintiff" or "Providence") owned a fire station in Union County that needed substantial and cost prohibitive repairs and improvements.…