When the North Carolina Court of Appeals decides not to publish an opinion, the opinion is not controlling precedent and citations to it in briefs, and arguments are disfavored. Nevertheless, unpublished opinions can be quite instructive. The North Carolina Court of Appeals’ unpublished opinion in the case of […]
John has more than 30 years of experience in land use law and real estate litigation. Based in the Raleigh-Durham region, John practices throughout North Carolina. He represents all types of business clients - developers, end users and land owners - when they attempt to use their land or maximize its value through securing entitlements, forming public-private agreements or handling litigation.
Background It is impossible to know the internal considerations of the North Carolina Supreme Court when it accepted for review the case of City of Asheville v. State of North Carolina and the Metropolitan Sewerage District of Buncombe County, __ N.C. App. ___, 777 S.E. 2d 92 (October […]
Frequently, land litigation—land boundary and ownership claims – is a controversy concerning the use of land. The recent case of Hedgepeth v. Parker’s Landing Property Owners Association, Inc. ___ N.C. App. ___ ___ S.E.2d ____(2016 WL 47700) illustrates the thin line between land litigation and land use controversies.Background […]
Water and Land In Part I, we discussed the lawsuit between the State of North Carolina and Alcoa which determined that Alcoa owns a 45 mile portion of the Yadkin River riverbed. State of North Carolina v. Alcoa Power Generating, Inc., 5:13-CV-00633 (E.D.N.C.) (September 28, 2015). In Part […]
Water and Land Two recent cases, State of North Carolina v. Alcoa Power Generating, Inc., 5:13-CV-00633 (E.D.N.C.) (September 28, 2015) and Nies v. Town of Emerald Isle, __ N.C. App. ___ (November 17, 2015) address ownership of riverbeds and ocean beaches. These are complicated and increasingly important issues […]