Developer Wins Road Appeal

In an appeal defended by Bill Cannon and Mike McConnell of Cannon Law, P.C., the North Carolina Court of Appeals found that a suit by a property owner’s association against the developers was not brought within the statute of repose and was properly dismissed by the trial court.  In The Glens of Ironduff POA v. Daly, decided December 4, 2012 (COA 12-52), the Court reviewed a suit brought by a property owners’ association against the subdivision developer.  The suit claimed that a road in the subdivision had been located too close to a stream and the association was entitled to reimbursement for cost of repairs to the road.

The developer, represented by Bill Cannon and Mike McConnell of Cannon Law, P.C., moved for summary judgment on the grounds that the suit was filed after the statute of repose had expired.  The trial court agreed with the developer’s position and dismissed the suit.

Although the association argued that the statute of repose had been tolled by the developer’s later paving of the road and that the statute should run from that date, the Court of Appeals disagreed and affirmed the dismissal of the Complaint.