North Carolina Eminent Domain Law

United States of America v. Michael Scott Kivett

Greensboro, NC: Criminal defense lawyer represented defendant charged with possession of child pornography. Michael Scott Kivett, 41, was previously convicted in Guilford County of multiple counts of Second Degree Exploitation of a Minor in 2001 and, again, in 2009. As a result, he was required to register as a sex offender. In September 2019, Google made a report to the National... More...

$0 (10-06-2021 - NC)

United States of America v. Gene Legrand Hickman, Jr.

Greensboro, North Carolina possession of child pornography charge criminal defense lawyer represented Defendant, Gene Legrand Hickman, Jr. of Moore County, age 63, who was charged for receiving child pornography. In February 2018, Hickman engaged in sexually explicit chats on Instagram with a 15-year-old boy and a second individual purporting to be a 14-year-old boy. During one of the cha... More...

$0 (06-22-2021 - NC)

STATE OF NORTH CAROLINA v. ARTHUR LEE GIVENS

Where defendant has not met his burden to show that defense counsel was deficient by not fulfilling a promise made to the jury in his opening statement, defendant was not prejudiced and is not entitled to a new trial. Arthur Lee Givens, defendant, and Donald Everette Gist, the victim, became acquainted in the fall of 2014 while they both stayed at Schameka Earl’s home for a... More...

$0 (03-01-2016 - NC)

Town of Midland v. Harry T. Morris

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcont... More...

$0 (01-18-2011 - NC)

Thomas Robinson v. Wix Filtration Corporation, LLC

Thomas Robinson ("Appellant") appeals the denial of his post-judgment motions seeking relief from the district court's entry of summary judgment against him. Appellant had moved for relief from the judgment pursuant to Federal Rule of Civil Procedure 60(b), or, in the alternative, to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e). The district court construed Appella... More...

$0 (04-01-2010 - NC)

Josie McIlwan Blackwell v. Timothy Allen Hatley

Plaintiff (Josie Blackwell) appeals from entry of summary judgment on her claims against Defendants. We affirm. This appeal arises from an automobile collision in 2004 in the Town of Landis, Rowan County, North Carolina. At around 1:30 p.m. on 21 May 2004, Plaintiff was driving west on E. Round Street. Her son, Gordon Blackwell (Gordon) was a passenger in the car. Defendant Timothy Hatley (Hatley)... More...

$0 (02-02-2010 - NC)

Sheriff Phillips, M.D. v. Pitt County Memorial Hospital; et al.

Dr. Sherif A. Philips instituted two civil actions challenging the suspension of his practice privileges at Pitt County Memorial Hospital ("the Hospital"). In addition to supplemental state law claims, he alleged violations of 42 U.S.C. Â§ 1983 based upon putative infringements of his Fourteenth Amendment due process rights surrounding the proceedings that resulted in his suspension. He contends... More...

$0 (07-13-2009 - NC)

Department of Transportation v. Haywood Oil Company

Defendant Haywood Oil Company appeals from a judgment entered 4 June 2007 after a jury awarded defendant $57,500.00 "as just compensation for the appropriation of a portion of their property for highway purposesâ€ and from an order entered 17 August 2007 which denied defendant's motion for a new trial. For the reasons stated herein, we find no error and affirm the judgment of the trial court.... More...

$0 (03-17-2009 - NC)

OBX-Stock v. Bicast

James Douglas, the founder of OBX-Stock, Inc., cleverly invented "OBX" as an abbreviation for the "Outer Banks" of North Carolina. OBX-Stock began using the letters OBX on oval stickers for automobiles to indicate that the automobile was from or had visited the Outer Banks. The letters were also attached to souvenirs and other sundries to indicate that they were sold at the Outer Banks. O... More...

$0 (03-14-2009 - NC)

Department of Transportation v. David C. Blevins

The North Carolina Department of Transportation (DOT) appeals from an order entered 23 February 2006 in Haywood County Superior Court which compelled a revision to the plat depicting the boundaries of the subject property. DOT appeals and Defendant David Blevins cross-appeals from a judgment entered 17 September 2007 in Haywood County Superior Court following a jury award to Blevins in the amount ... More...

$0 (01-06-2009 - NC)

City of Wilson Development Commission v. Lila Ruth Boykin, d/b/a Lila Ruth Proctor, etc., et al.

Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm. The procedural history of this case is summarized in pertinent part as follows: In 1916 Eliza Boykin was granted a property located at 204 S. Vick Street in Wilson, North Carolina (the subje... More...

$0 (10-07-2008 - NC)

Level 3 Communications, LLC v. Charles G. Couch, Jr., et al.

Eminent domain; valuation of a new utility easement located within an existing easement. * * *http://www.aoc.state.nc.us/www/public/sc/opinions/2007/412-06-1.htm... More...

$0 (11-09-2007 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/032252.P.pdf" target="_new">Rebecca Willis v. Town of Marshall, North Carolina</a>

The Town of Marshall, North Carolina, hosts regular Friday-night concerts and community gatherings at the Marshall Depot, the Town's community center. Rebecca Willis enjoyed attending the Friday-night gatherings and dancing to the music provided by the local bands. Willis's unorthodox dancing style, however, led to complaints about her to the committee in charge of the Depot events. As a ... More...

$0 (10-08-2005 - NC)

<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=002270.P" target="_New">Directors, First Church of Christ v. David J. Nolan</a>

In these appeals, we are asked to evaluate the validity of the exer- cise of jurisdiction by the district court in the Western District of North Carolina over an Arizona defendant, based on that defendant's contributions to a website created and maintained by a North Carolina co-defendant. For the reasons that follow, we conclude that jurisdic- tion was proper and we affirm the district court... More...

$0 (07-26-2001 - NC)