Legal Opinion
AGI Associates, LLC v. City of Hickory, NC
Court of Appeals for the Fourth Circuit
Decided December 11, 2014No. 13-2097PublishedCited by 17 opinions
1Opinion of the Court
Affirmed by published opinion. Senior Judge DAVIS wrote the opinion, in which Chief Judge TRAXLER and Judge DIAZ joined.
DAVIS, Senior Circuit Judge:
This case concerns a question of North Carolina law: whether governmental immunity from equitable claims is waived when a county or municipality acts in a proprietary, rather than governmental, capacity. The district court answered that question in the affirmative and denied Appellant City of Hickory’s motion to dismiss for lack of subject matter jurisdiction. For the reasons that follow, we affirm. 1
I
In January 2013, Appellee AGI Associates, LLC,…
2Cases cited19 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Kerns v. United StatesCourt of Appeals for the Fourth Circuit · 2009
- Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
- Matthew Dixon v. Coburg Dairy, Incorporated, Equal Employment Advisory Council, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 2004
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kent Stahle v. CTS CorporationCourt of Appeals for the Fourth Circuit · 2016
- Simmons v. Corizon Health, Inc.District Court, M.D. North Carolina · 2015
- Oliver v. BaityDistrict Court, M.D. North Carolina · 2016
- Lola v. Skadden, Arps, Slate, Meagher & Flom LLPCourt of Appeals for the Second Circuit · 2015
- Zuzul v. McDonaldDistrict Court, M.D. North Carolina · 2015
12 more not listed; retrieve them via the Exa API.