Michael Thelen

Michael Thelen

Womble Carlyle Sandridge & Rice, LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

N.C. Court of Appeals Dismisses Municipal Takings Claim For Failing "Public Benefit" Standard

Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015)....more

4/22/2015 - Affirmative Defenses Appeals Condemnation Dismissals Municipalities Public Benefits Takings

N.C. Court of Appeals Rules That Contractual Forum Selection Clause Can Track, But Not Vary, Legislatively-Determined Forum

The North Carolina Court of Appeals handed down a decision today that clarifies the rule that a contractual venue/forum selection provision can track, but it cannot vary from, the venue/forum determined by State law....more

4/8/2015 - Appeals Forum Forum Selection Clause

Maine Supreme Court Looks Past City Planner's "Unprofessional" Plea to Zoning Board of Appeals

This March, the Maine Supreme Judicial Court considered a claim that an "unprofessional" email from a city planner to the city's zoning board of appeals, pleading for a specific outcome on a land use appeal, does not per se...more

4/8/2015 - Administrative Appeals Due Process Email ME Supreme Court Public Officials

N.C. General Assembly House Moves On Bill Eliminating Zoning Protest Petititons

A decision on whether and how to rezone property is left to the sound discretion and good judgment of the elected officials. The philosophy behind this thinking is that the decision to rezone or not to rezone is a...more

4/7/2015 - Legislative Agendas Zoning Laws

N.C. State Senate Introduces Bill Granting Tax Credit for "Property" Serving Renewable Energy Efforts

Last week, the North Carolina State Senate introduced a bill that seeks to extend renewable-energy tax credits applicable to eligible property -- which is defined as specific "machinery and equipment or real property" -- that...more

4/2/2015 - Energy Sector Proposed Legislation Renewable Energy Tax Credits

Federal Court Upholds Permit Fee for Backcountry Sheltering in Great Smoky Mountains National Park

There is a constant, and I believe growing, tension between the government and the governed as to whether taxes should be used for or user fees should be charged for myriad services....more

4/2/2015 - National Parks User Fees

N.C. Court of Appeals Reminds of Factual Findings Required for Award of "Reasonable" Attorney Fees

The North Carolina Court of Appeals recently reversed an award of attorney fees by the trial court on the basis that the trial court did not render the appropriate findings of fact. We're talking about Brown's Building...more

3/31/2015 - Appeals Attorney's Fees Reversal

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

3/31/2015 - Affirmative Defenses Appeals Commercial Property Owners Compromise and Settlement Covenant of Good Faith and Fair Dealing Equitable Estoppel Foreclosure Offsets Secured Lenders Statute of Frauds

Take My Home, Please: In Wake of Court Decision, N.C. General Assembly Seeks to Repeal "Map Act"

The Map Act -- also known as Chapter 136, Article 2E of the General Statutes of North Carolina -- allows the N.C.D.O.T., local governments or other governing bodies to file with the local register of deeds an official...more

3/26/2015 - Infrastructure Legislative Agendas Repeal Subdivision Map Act Takings Transportation Corridor

Critical Resources and Land Development: "Water Wars" Are on the Horizon

As we've posited in this space before, water will be the oil of the 21st century. In what way? Its value, its scarcity, its requirement for development. It will also be more valuable than oil in that, unlike oil, we have...more

2/26/2015 - Drinking Water Groundwater Water Water Supplies

N.C. Court of Appeals Applies Common Law Rule Against Perpetuities to Invalidate Lessee's Preemptive Right

Ask almost any lawyer or law student to name the most esoteric concept addressed in law school, and you're more likely than not to hear "The Rule Against Perpetuities". The Rule Against Perpetuities, or the RAP, exists at...more

2/20/2015 - Commercial Leases Commercial Tenants Landlords Perpetual Trusts Right of FIrst Refusal Rule Against Perpetuities Tenants

N.C. Court of Appeals Addresses "Offset" Defense In Loan Deficiency Claims, the Ownership Element of Trespass

The Court of Appeals issued a number of decisions today, while snow and ice ghosted the City of Raleigh. The Court addressed trespass to land, the availability of the "offset" defense to commercial loan guarantors. Let's...more

2/18/2015 - Appeals Commercial Loans Encroachments Guarantors Trespass

Appellate Court Addresses Judicial Discretion As to Record on Appeal from Quasi-Judicial Decision

Last week, the North Carolina Court of Appeals addressed some unique issues with respect to the trial court record in an appeal of a quasi-judicial proceeding....more

2/11/2015 - Appeals Cell Towers Evidence Property Owners Supplemental Evidence Trial Court Orders

Fresh Bill In Newly-Convened N.C. State Legislature Aims At Condemnation Powers

Portending what is likely to be a significant legislative session for local government powers and real property rights in North Carolina, the first "substantial" bill introduced in the 2015-2016 session of the North Carolina...more

1/16/2015 - Condemnation Pending Legislation Private Property Rights Property Owners

Raleigh Updates Public on the Citywide Zoning Re-Mapping Process

We've blogged in the past about the City of Raleigh's massive zoning re-mapping process, which is meant to migrate all properties in the City's land use jurisdiction into the reach of the new Unified Development Ordinance. ...more

12/24/2014 - Local Ordinance Urban Planning & Development

Raleigh "Splits" Department of Planning and Development Into Two New Departments

The City of Raleigh, growing at a seemingly undeniable pace, is aiming to "get ahead" of the governance challenges such growth portends by splitting the City's Department of Planning and Development into two separate...more

12/23/2014 - Construction Industry Municipalities Urban Planning & Development

N.C. Court of Appeals: Statutory "Custodian" of Public Records Is "In Charge of" the Relevant Office

Former Durham District Attorney Tracey Cline was removed from office by Court order in the first half of 2012. The story behind her efforts to return to the office has been detailed at great length by the local Raleigh and...more

12/17/2014 - Public Officials Public Records

N.C. Court of Appeals: Limitations Period Does Not Apply to Local Government Enforcement of Subdivision Performance Bonds

A post-Great Recession treat, the North Carolina Court of Appeals affirmed today a ruling that the Town of Black Mountain is entitled to enforce subdivision performance bonds originally in the name of Buncombe County, after...more

12/17/2014 - Bonds Municipal Bonds Performance Bonds Statute of Limitations Subdivision

N.C. Court of Appeals: Restrictive Covenant Prohibiting "Store" Does Not Prohibit "Parking" for a Prohibited Store

How broadly will the appellate courts interpret a restrictive covenant applicable to real property? Not so broadly as to prohibit a parking lot to be used by customers for an otherwise expressly prohibited use....more

12/17/2014 - CVS Parking Lots Pharmacies Real Estate Development Restrictive Covenants

N.C. Appellate Court Discusses Service of Process By "Posting" and Due Diligence Enabling "Posting"

The North Carolina Court of Appeals issued a fractured ruling today on the manner of service and the interpretation of North Carolina Rule of Procedure 4(j1). The case is In re Powell, No. COA14-498 (December 2, 2014)....more

12/2/2014 - Appeals Foreclosure Service of Process

Asheville, North Carolina Looks At Short-Term Rentals and Zoning, Fees

Thanks to the internet, is this a golden age of direct-to-consumer, everyday necessities like living quarters -- think AirBnB or Couchsurfing -- to transportation -- think Uber and Lyft? Is laundry next? What about eating? ...more

11/25/2014 - AirBnB Tourists Vacation Homes

N.C. Appellate Court Speaks On Attorney Fee Recovery Law Applicable to Local Governments

In 2011, the North Carolina General Assembly enacted the following statute allowing payment of attorney fees in the face of certain local government acts...more

11/20/2014 - Abuse of Discretion Attorney's Fees Municipalities New Legislation

N.C. Court of Appeals Construes Zoning Provision Excluding All "Unidentified" Uses

Today, the North Carolina Court of Appeals issued a decision giving legal operation to the common, catchall zoning ordinance provision stating that “[u]ses not specifically listed in the Table of Permitted Uses are...more

11/19/2014 - Land-Use Permits Local Ordinance Permits

Commercial Landlord Citing Lease Terms to Prevent Stores from Closing on Thanksgiving Day

It's rare that an ordinary commercial lease term can make national news, at least indirectly. Some higher-profile stores are bucking the Holiday trend this year and refusing to open on Thanksgiving day. Costco, Lowe's...more

11/12/2014 - Commercial Leases Landlords Retailers Tenants

Dominion Resources Sending "Final" Requests for Permission to Survey Land for 550-Mile Pipeline

We've blogged in the past about the efforts of Dominion Resources, Inc. to construct a natural gas pipeline from West Virginia, through Virginia, leading to southern North Carolina. We've also blogged about the anticipated...more

11/12/2014 - Dominion Resources Natural Gas Oil & Gas Pipelines Property Owners

60 Results
|
View per page
Page: of 3

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×