Tag:appeals court

  • Court Says Modernist House Appropriate For Neighborhood

    One of the best-known houses in one of Raleigh’s older neighborhoods is also among its newest. In 2013, Louis Cherry and Marsha Gordon applied to build a modernist house in Raleigh’s Oakwood neighborhood, where most existing houses are from the Victorian era or have similar designs. The resulting controversy generated…

  • Appeals Court Rules in Inspection Case

    RALEIGH - A Gaston county couple won a significant legal battle recently in their attempt to recover damages from the county for failing to discover serious defects in a house they had hired a contractor to build.

  • Court Sides With Property Owner

    RALEIGH — The state’s second-highest court Tuesday upheld a property owner’s challenge to $5,000 in fines imposed by Wilmington. In its ruling, the N.C. Court of Appeals agreed with a lower court that the city’s requirement that an owner occupy a garage apartment was unconstitutional.

  • Court Rules for Habitat in Pinebluff Case

    RALEIGH — The state’s second-highest court has rejected an attempt by the Moore County town of Pinebluff to prevent a local Habitat for Humanity group from building a 75-home subdivision. The N.C. Court of Appeals held that the town had improperly found the development not to be in harmony with…

  • DENR Loses Appeals Court Fine Case

    RALEIGH — The state’s second highest court rejected attempts by the N.C. Department of Environmental and Natural Resources and the Environmental Management Commission to fine a Nash County property owner $7,500 for failure to submit a comprehensive site assessment for a property he had inherited.

  • Multi-Year Prosecution Gap Ruled OK

    RALEIGH — In recent years, cases of child victims of rape and other forms of sexual abuse coming forward to press charges years later as adults have garnered considerable attention. Among the issues such cases raise are to what degree it is possible to have a fair trial years after…

  • Development Hearings Must Be Required

    RALEIGH — The N.C. Court of Appeals has ruled that county commissions and city councils may not hear appeals from neighbors in land subdivision cases unless local ordinances give local residents the right to object. A Wilmington company had planned to build a new condominium complex of 427 units. After…