220 N.C. App. 233
N.C. Ct. App.2012Background
- Pattersons owned 21 mobile homes on leased Gastonia property; City opened code enforcement cases January 2006.
- City used Minimum Housing Code procedures under N.C. Gen.Stat. § 160A-443; notices, hearings, and orders were issued seeking demolition or repair.
- Pattersons signed notices of intent to repair; supplemental repair orders issued; by June 2006 most repairs not completed.
- City Council issued demolition orders for noncompliant units; six homes were demolished in 2006; others removed by owner Landlord and Dr. Anthony.
- June 2008 suit alleged wrongful demolition, inverse condemnation, trespass, and conversion; City moved to dismiss and for summary judgment; later amended to include state constitutional due process claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state constitutional due process claims are barred by adequate state remedies | Pattersons could pursue Board/injunction remedies; direct claim barred | Copper bars direct state constitutional claims when adequate state remedy exists | Direct constitutional claims barred; adequate state remedies existed |
| Whether Keith Patterson had due process notice rights satisfied | Keith, as co-owner, should have received notices | Keith was not a record owner; no statutory duty to notify | Summary judgment proper; no notice duty to non-record owner |
| Whether lack of notice for June 2006 ordinance violated due process | Failure to hold evidentiary hearing violated due process | Statute does not require evidentiary hearing or findings; hearing on demolition issue occurred | Statute does not require hearing/findings; no constitutional violation |
| Whether inverse condemnation or tort claims survive | City entry onto leasehold could constitute taking; claims for trespass, conversion | Mobile homes are personal property; inverse condemnation not viable; sovereign immunity bars tort claims | Inverse condemnation improper; sovereign immunity bars tort claims |
Key Cases Cited
- Corum v. Univ. of N.C., 330 N.C. 761 (1992) (sovereign immunity does not bar constitutional claims)
- Craig v. N. Hanover Cnty. Bd. of Educ., 363 N.C. 334 (2009) (adequate state remedy governs direct constitutional claims)
- Copper v. Denlinger, 363 N.C. 784 (2010) (adequate state remedies exist when state-law avenues provide relief)
- Lawyer v. City of Elizabeth City, 199 N.C.App. 304 (2009) (duty to search public records; genuine issues of material fact possible)
- Farmers Bank of Sunbury v. City of Elizabeth City, 54 N.C.App. 110 (1981) (whether city must locate nonrecord interests; public-record limitations)
- Newton v. City of Winston-Salem, 92 N.C.App. 446 (1988) (demolition hearing fundamentals; opportunity to be heard tied to the order)
- Wiggins v. City of Monroe, 73 N.C.App. 44 (1985) (repair-rights vs demolition; remedy not withdrawn midstream)
- Adams Outdoor Adver. of Charlotte v. N.C. Dep’t of Transp., 112 N.C.App. 120 (1993) (defining taking and property rights for inverse condemnation)