A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975. This long-neglected rule was the catalyst for a published decision that dismissed sua sponte a substitute party’s appeal in Weishaupt-Smith v. Town of Banner Elk.

Here’s the background: American Towers first applied for a conditional use permit to construct a telecommunication tower in 2013.… Continue Reading

With the reworking of N.C.G.S. § 7A-27 to provide a direct appeal to the Supreme Court of North Carolina from certain orders of the North Carolina Business Court, it was expected that our State’s highest court would start churning out business law opinions. The batch of opinions from the Supreme Court released on December 7th contained three opinions originating from the Business Court, but only two of these came directly from the Business Court; perhaps the most high profile of the bunch (Corwin v.Continue Reading

It has long been harder for a plaintiff to show standing in federal court than in North Carolina’s state courts. A juicy 2-1 decision from the North Carolina Court of Appeals—yielding an automatic right of appeal to our Supreme Court—could finally change that. See Comm. to Elect Dan Forest v. Emps. Political Action Comm. (EMPAC).

Federal Courts Take a Stand

Throughout the latter part of the twentieth century, the U.S.… Continue Reading

Suppose the person or business across the street from your home wants to build something you find noxious. What can you do to protect your view, your tranquility, and your property value?

You might consider taking over a plate of cookies as a bribe, or maybe engaging in the political process by speaking at a town meeting. But if the new development is approved anyway, can you appeal?… Continue Reading