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Articles 1 - 25 of 25
Full-Text Articles in Law
Is It All About The Money? Considering A Multi-Factor Test For Determining The Appropriateness Of Forced Partition Sales In North Carolina, Lawrence Anderson Moye Iv
Is It All About The Money? Considering A Multi-Factor Test For Determining The Appropriateness Of Forced Partition Sales In North Carolina, Lawrence Anderson Moye Iv
Campbell Law Review
This Comment examines partition sales in North Carolina. First is a brief review of tenancy in common ownership and the dissolution remedy of partition. This is followed by a more detailed look into North Carolina's current partition sales statute and recent efforts to amend it. Arguments favoring and opposing the addition of a multi-factor test to the current statute will be discussed, as well as case analysis from three states whose courts consider non-economic factors when determining the appropriateness of ordering a partition sale. The conclusion critiques the arguments for and against the addition of a multi-factor test, and also …
Toward A Comprehensive Program For Regulating Vacant Or Abandoned Dwellings In North Carolina: The General Police Power, Minimum Housing Standards, And Vacant Property Registration, C. Tyler Mulligan
Campbell Law Review
Part I of this Article provides a brief introduction to North Carolina's experience thus far with the foreclosure crisis and introduces the broad array of statutorily granted tools local governments might employ to deal with vacant or abandoned dwellings in varying stages of neglect. Part II discusses the general police power that serves as the first line of defense against the decline of vacant or abandoned housing, as well as how that power is limited by state statutes governing minimum housing standards. Part III then turns to those minimum housing statutes to examine their operation and limitations. Part IV analyzes …
Drafting Common Interest Community Documents: Minimalism In An Era Of Micromanagement, Patrick K. Hetrick
Drafting Common Interest Community Documents: Minimalism In An Era Of Micromanagement, Patrick K. Hetrick
Campbell Law Review
Part I of this Article suggests a minimalist approach to the drafting of documentation creating a common interest community. It assumes that the common interest community will be located in a jurisdiction that has passed some form of a comprehensive uniform act. Part II then analyzes the issue of "promises" (covenants, restrictions, and rules) and addresses issues that include the unfortunate contemporary trend toward micromanagement of communities. It goes on to suggest that a legislative and judicial reaction to private community governance is developing. Part III of this Article explains why existing consumer protection devices are little more than mirages …
The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley
The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley
Campbell Law Review
This Comment will seek to identify the need for an effective alternative to litigation to resolve disputes originating in the context of a common interest community, specifically under the Planned Community Act of North Carolina.
Use Versus Abuse: A Comprehensive Analysis Of Nonbinding Reservation Agreements And Real Estate Developers' Ability To Freely Rescind, Douglas J. Short
Use Versus Abuse: A Comprehensive Analysis Of Nonbinding Reservation Agreements And Real Estate Developers' Ability To Freely Rescind, Douglas J. Short
Campbell Law Review
This Comment addresses this increasingly common scenario where the developer reneges on reservation agreements and asserts that if certain developer practices remain unchanged, unwary developers will continue to face lawsuits brought by disappointed parties. Although the courts have generally been unsympathetic to contract claims, clearly struggling to find a remedy for plaintiffs in light of the express, nonbinding nature of the agreements, the potential for developer liability nevertheless exists under a theory of unfair and deceptive trade practices. Thus, this Comment asserts that since reservation agreements do not rise to the legal classification of option contracts, developers are justified in …
Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai
Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai
Campbell Law Review
This article argues that the Court's holding creates an incentive for private developers to rent-seek by asking local governments to transfer private property to them instead of purchasing it in the private market. Likewise, the Court's holding creates incentives for local governments to take private property pursuant to their eminent domain powers.
"Don't Know What A Slide Rule Is For:" The Need For A Precise Definition Of Public Purpose In North Carolina In The Wake Of Kelo V. City Of New London, Michael Mcknight
"Don't Know What A Slide Rule Is For:" The Need For A Precise Definition Of Public Purpose In North Carolina In The Wake Of Kelo V. City Of New London, Michael Mcknight
Campbell Law Review
This comment, in Part I, traces the gradual erosion and decline of the public purpose doctrine in North Carolina from its roots in the Constitution of 1868 to recent North Carolina court decisions interpreting its meaning and scope. In examining the public purpose doctrine as it is addressed in North Carolina case law, four distinct categories of cases where the term has been invoked and applied are analyzed. Part II proffers a definition of "public purpose" as set forth by the cases discussed in Part I and proposes a more stringent test for courts and public bodies to apply in …
Wise V. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
Wise V. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
Campbell Law Review
In this article, I will examine various aspects of the Wise decision, including the approach of the North Carolina Supreme Court to both the common law of covenants and the PCA itself. I will also evaluate the impact of a recent amendment to the PCA, and revisit and reflect on selected legal issues raised by the passage of the PCA now that five years have elapsed since its effective date. While the article focuses specifically on the North Carolina PCA, it is important to keep in mind that a "planned community" is but one form of real estate development and …
There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas
Campbell Law Review
No abstract provided.
Sharing Their Piece Of The Real Estate Pie: An Analysis Of The Necessity Of Lawyers At Residential Real Estate Closings In The Context Of The Adoption Of Recent Opinions Of The North Carolina State Bar, Melissa K. Walker
Campbell Law Review
This comment will address the necessity of lawyers at real estate closings in light of the recent changes in the Formal Ethics Opinions and Authorized Practice Advisory Opinion issued by the North Carolina State Bar.
"Caught Between A Rock And A Hard Place:" Fringe Landowners "Can't Get No Satisfaction." Is It Time To Rethink Annexation Policy In North Carolina?, Julia Sullivan Hooten
"Caught Between A Rock And A Hard Place:" Fringe Landowners "Can't Get No Satisfaction." Is It Time To Rethink Annexation Policy In North Carolina?, Julia Sullivan Hooten
Campbell Law Review
No abstract provided.
Excess Condemnation - Must The Interest Condemned In Private Property Be Proportional To The Public Use? - The Effect Of City Of Charlotte V. Cook, Kimberly A. Baxley
Excess Condemnation - Must The Interest Condemned In Private Property Be Proportional To The Public Use? - The Effect Of City Of Charlotte V. Cook, Kimberly A. Baxley
Campbell Law Review
This note will examine the North Carolina Supreme Court's decision in City of Charlotte v. Cook. Part II of the note sets out the factual background and issues raised by the Cook decision and details the reasoning of both the North Carolina Court of Appeals and the North Carolina Supreme Court in ruling on the issues. Part III analyzes the Supreme Court's holding and concludes that greater judicial scrutiny of eminent domain practices is essential to protect the private property owner from abusive takings.
Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Campbell Law Review
This article will highlight the countless instances in which the Planned Community Act deviates in material ways from both the Uniform Planned Community Act and the North Carolina Condominium Act. Many of these variances and omissions amount to a reinforcement of the power of the declarant and, eventually, the owners' association. In the abstract, many contribute to a fundamental shift in the balance of power from private property owners to private governments. Discussions and summaries of the Planned Community Act to date have not emphasized the numerous policy decisions that were consciously or indirectly made when the General Assembly enacted …
Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias
Campbell Law Review
This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …
When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell
When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell
Campbell Law Review
First, this Note will provide a brief history of landlord-tenant law, tracing the common law through the development of pro-tenant reforms. Then, this Note examines the distinction between a tenant and a guest and the legal consequences of that distinction. This Note also discusses the rationale behind the Baker decision and its legal implication. This Note concludes with suggestions of the broader ramifications of Baker.
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Campbell Law Review
Over the past decade North Carolina's annexation statutes have been the subject of much litigation. These challenges have taken numerous approaches in seeking to have the various annexation ordinances declared invalid. Many of these challenges have sought to have the statutes themselves declared invalid as a violation of both the United States Constitution and the North Carolina Constitution. Still other approaches have sought to have the actions of the annexing municipality declared illegal for failure to comply with these annexation statutes. One theme is visible throughout all of the challenges to annexation, the legislature has determined that annexation serves the …
Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson
Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson
Campbell Law Review
No abstract provided.
Much Ado About Mighty Little - North Carolina And The Application Of The Relative Hardship Doctrine To Encroachments Of Permanent Structures On The Property Of Another, Olivia L. Weeks
Campbell Law Review
This paper presents a legal argument for the application of the relative hardship test in all actions based on the encroachment of permanent structures on the land of another. First, the doctrine of relative hardship is presented. Second, this paper reviews the cases handed down by the North Carolina courts which have applied or discussed the application of the relative hardship test. Finally, this paper recommends the application of the relative hardship test as the most objective standard for determining an appropriate remedy where a mandatory injunction to compel removal is an issue.
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Campbell Law Review
This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.
Property Law - A Fresh Look At Contractual Tenant Remedies Under The North Carolina Residential Rental Agreements Act - Miller V. C.W. Myers Trading Post, Inc., Johnny Foster
Campbell Law Review
This note will examine some of the other contractual remedies that the North Carolina courts could make available to tenants for breach of the implied warranty of habitability. The Miller case suggests that the courts would hold that some of these remedies are available under the Act but that others are not. This note will address the issues of why some of these remedies should or should not be available under Miller and the Act. Since the North Carolina courts seem to be willing to consider other remedies under the Act, lawyers who represent North Carolina tenants should familiarize themselves …
Property Law - Waiver Of Closing Date In Land Sales Contracts In North Carolina - Fletcher V. Jones, Ricky L. Griffin
Property Law - Waiver Of Closing Date In Land Sales Contracts In North Carolina - Fletcher V. Jones, Ricky L. Griffin
Campbell Law Review
This Note will demonstrate that the Fletcher court erred in holding that a land sale contract closing date could be waived. This Note will show that the court misapplied the doctrine of waiver to a land sale contract closing date, the court erroneously concluding that the seller was estopped from contending that reasonable time for performance should be computed from that date. Additionally, this Note will also show that the court modified the contract closing date for the purpose of computing a reasonable time for performance, a result that the parties themselves could not have reached without a written modification …
A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman
A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman
Campbell Law Review
This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.
Restrictive Covenants - Enforceability Of Assessments Against Property Owners In Residential Developments - Figure Eight Beach Homeowners' Association, Inc. V. Parker, Ernest Rawls Carter Jr., Monty Beck
Restrictive Covenants - Enforceability Of Assessments Against Property Owners In Residential Developments - Figure Eight Beach Homeowners' Association, Inc. V. Parker, Ernest Rawls Carter Jr., Monty Beck
Campbell Law Review
The North Carolina Court of Appeals in Figure Eight Beach Homeowners' Association v. Parker, rejected the defendant property owner's interpretation of several earlier decisions. The property owner claimed the earlier decisions required affirmative covenants to contain some ascertainable standards by which the court could objectively determine the amount and purposes of the assessments. The Court of Appeals claimed, however, it was applying the same standards set forth in the earlier decisions regarding the enforceability of similar covenants. In essence, the court's adoption of a broader interpretation of the earlier case law validates stricter enforcement of assessment covenants by property …
Constitutional Law - Access To Private Property, Lawrence Mazer
Constitutional Law - Access To Private Property, Lawrence Mazer
Campbell Law Review
On January 7, 1946, the United States Supreme Court, according to Justice Reed, established as a principle "that one may remain on private property against the will of the owner and contrary to the law of the State so long as the only objection to his presence is that he is exercising an asserted right to spread there his religious views." Justice Reed and two other justices dissented to the Court's decision in Marsh v. Alabama which allowed a Jehovah's Witness access to the business block of a privately owned company town against the wishes of its owners, for purposes …
North Carolina's Tenancy By The Entirety Reform Legislation Of 1982, William A. Reppy Jr.
North Carolina's Tenancy By The Entirety Reform Legislation Of 1982, William A. Reppy Jr.
Campbell Law Review
On June 18, 1982, the North Carolina General Assembly enacted House Bill No. 67 entitled "AN ACT TO EQUALIZE BETWEEN MARRIED PERSONS THE RIGHT TO INCOME, POSSESSION, AND CONTROL IN PROPERTY OWNED CONCURRENTLY IN TENANCY BY THE ENTIRETY." This article explores several of the issues raised by the legislation: (1) Does it alter the pre-reform law under which a creditor of neither husband nor wife alone could reach any interest in entirety property? (2) Does it extend that exemption to the rents and profits arising from tenancy by the entirety property? (3) Will the provisions for management of entirety property …