Robinson v. Wadford, 222 N.C. App. 694

Plaintiffs, descendants of John R. Magee, allege grave sites on property later owned by Thorton Ventures and Forest Creek Limited Partnership were desecrated during development.
Defendants (the Wadfords) are alleged to have knowledge of the graves and to have caused or concealed the graves prior to conveyance and quitclaim to Thorton.
Property transfers occurred: Thorton acquired title in 1999, subdivided; Forest Creek owned portions including the cemetery; 2004 quitclaim deed to Thorton is alleged.
Plaintiffs allege acts of desecration include grading, covering graves with pallets/metal/tile prior to 1999 and failure to disclose the graves.
Plaintiffs filed the complaint on 17 June 2011, seeking negligence and grave desecration claims under N.C. Gen. Stat. § 14-149, with a theory of ten-year repose/limitations.
Trial court dismissed the complaint on Rule 12(b)(6) grounds as barred by the statute of repose; the court’s ruling was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the action is barred by the statute of repose under § 1-52 and 1-56.	Plaintiffs argue accrual in 2004 with quitclaim; ten-year period applies.	Defendants contend last desecration act occurred in 1999; more than ten years elapsed before filing.	Complaint untimely; dismissal affirmed.

Stanback v. Stanback, 297 N.C. 181 (1979) (statutory limitations analysis and de novo review standard)
Leary v. N.C. Forest Prods., Inc., 157 N.C. App. 396 (2003) (de novo review of pleading sufficiency; Rule 12(b)(6) standard)
Tipton & Young Construction Co. v. Blue Ridge Structure Co., 116 N.C. App. 115 (1994) (distinction between statute of limitations and statute of repose)