Introduction In April 2014, we posted a blog discussing the North Carolina Supreme Court’s opinion in Beroth Oil v. NCDOT, 367 N.C. 33, 757 S.E. 2d 466 (2014). (See here) In that post, we compared high frequency stock market trading and the Transportation Corridor Act (the “Act”). We suggested […]
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 […]
The United States Supreme Court ruled that the United States government cannot take a citizen’s raisins without paying for them. Horne v. Department of Agriculture, __ US__ (June 22, 2015). Standing alone, the ruling is unsurprising. Taking raisins without paying had been occurring for years – many years […]
We blogged in the past here about House Bill 3 pending in the North Carolina General Assembly, which is entitled: “AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF […]
Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015). Facts The facts are important but protracted. Essentially, plaintiff homeowners live at the end of a street, […]
Aaron Frank
Amy C. O'Neal
John Cooke
Michael Thelen
WBD Admin
North Carolina Land Use Litigator 