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Gardner, et al. v. Richmond County
Filed October 18, 2024

The vote

7–0
Per curiam
Unanimous
7 of 7 justices participating

Lineup parsed from the opinion and verified against the PDF.

Issue

Interlocutory order—substantial right—sufficiency of factual basis

Summary

The decision of the Court of Appeals dismissing a town's appeal from an interlocutory order (in which the trial court dismissed the town's claims for lack of standing but allowed another municipality's claims to proceed) was reversed where the town provided in its statement of appellate review a sufficient factual basis for immediate review pursuant to Creek Pointe Homeowner's Ass'n, Inc. v. Happ, 146 N.C. App. 159 (2001) (allowing immediate review under similar circumstances). The matter was remanded for the lower appellate court to consider the parties' arguments on the issue of standing.

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

The record

DecisionReversed and Remanded
Docket140PA23
CountyRichmond County