Legal Opinion

Walker v. Hoke Cty.

Court of Appeals of North Carolina

Decided June 19, 2018No. COA 17-341Published

1Opinion of the Court

BERGER, Judge.

*121 Russell F. Walker ("Plaintiff") appeals an order granting Hoke County, Fifth Third Bank, Inc., and Tyton NC Biofuels, LLC's (collectively "Defendants") motion to dismiss Plaintiff's complaint for lack of *122 standing and failure to state a claim under Rules 12(b)(1) and (6) of the North Carolina Rules of Civil Procedure. Plaintiff argues the trial court erred because he sufficiently established standing as a taxpayer of Hoke County, and has suffered an injury from which a favorable judgment on his claims can grant him relief. We disagree.

Factual and Procedural Background

On March…

2Cases cited13 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  3. Block v. County of PersonCourt of Appeals of North Carolina · 2000
  4. Mangum v. Raleigh Board of AdjustmentSupreme Court of North Carolina · 2008
  5. McIntyre v. ClarksonSupreme Court of North Carolina · 1961

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