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Town of Midland v. Harrell

Town of Midland; Harrell Land Development Company; dispute over responsibility for maintenance of roads in a development; civil penalties; standing; North Carolina General Statutes, Section 160A-12; Town ordinances; mandatory injunction and order of abatement; Rule 65(d) of North Carolina Rules of Civil Procedure; NCDOT road standards; attorney's fees; North Carolina General Statutes, Section 6-21.7; Town violated unambiguous limits on its authority; North Carolina General Statutes, Section 160A-388(b1) (2017) (recodified as Section 160D-705(b) (2021)).
Case Number
  • COA21-46
Filed
Author
  • Judge Lucy Inman
Type
  • Published

Files

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Summary

Town of Midland; Harrell Land Development Company; dispute over responsibility for maintenance of roads in a development; civil penalties; standing; North Carolina General Statutes, Section 160A-12; Town ordinances; mandatory injunction and order of abatement; Rule 65(d) of North Carolina Rules of Civil Procedure; NCDOT road standards; attorney's fees; North Carolina General Statutes, Section 6-21.7; Town violated unambiguous limits on its authority; North Carolina General Statutes, Section 160A-388(b1) (2017) (recodified as Section 160D-705(b) (2021)).

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