Issue

Scope of appeal—enforcement of development ordinance—violation determined in prior appeal—binding

Summary

In the second appeal arising from a town's enforcement of its development ordinance–by filing a lawsuit for a mandatory injunction, abatement order, and collection of civil penalties from developers of a residential subdivision (defendants) who continued to violate a requirement under the ordinance to maintain roads within the subdivision until the town accepted the roads for public maintenance–the Court of Appeals correctly determined that it was bound by a different panel's earlier decision in the same case that defendants were responsible for the roads. Moreover, the question of defendants' ongoing responsibility was not before the current panel because defendants had not raised the issue in their brief.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →