There is a constant, and I believe growing, tension between the government and the governed as to whether taxes should be used for or user fees should be charged for myriad services. The use of National Park land is no exception. Great Smoky Mountains National Park has a […]
Mike represents public companies and smaller, privately-owned businesses and local governments in federal and state court litigation, as well as in land use and real estate development and entitlement negotiations, processes, and disputes. Mike has experience litigating throughout the United States but focuses his practice on land use, real estate and local government issues and solutions in North Carolina.
The North Carolina Court of Appeals recently reversed an award of attorney fees by the trial court on the basis that the trial court did not render the appropriate findings of fact. We’re talking about Brown’s Building Supply, Inc. v. Johnson, No. COA14-836 (March 17, 2015). The facts […]
A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the covenant of good faith and fair dealing, equitable estoppel and offset. We’re talking about Macon Bank, […]
The Map Act — also known as Chapter 136, Article 2E of the General Statutes of North Carolina — allows the N.C.D.O.T., local governments or other governing bodies to file with the local register of deeds an official “transportation corridor” map. The map identifies all properties located within […]
As we’ve posited in this space before, water will be the oil of the 21st century. In what way? Its value, its scarcity, its requirement for development. It will also be more valuable than oil in that, unlike oil, we have no way to replace its role in […]