Big Win in Court of Appeals

In a decision handed down December 16, 2014, the North Carolina Court of Appeals unanimously upheld the decision of the Buncombe County Superior Court awarding more than $1,400,000 to the Town of Black Mountain against two bond companies.  Cannon Law, P.C.’s Bill Cannon, along with Black Mountain Town Attorney Ron Sneed, represented Black Mountain when the bond companies refused to pay for completion of subdivision improvements after the developer defaulted. Lexon and Bond Safeguard Insurance Companies had argued that annexation by the Town had terminated the bonds that were issued while the property was in the County.  They also argued that the Town had failed to file suit within three years of the developer defaulting on its obligations. The Court 

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Cannon Law Obtains $1,400,000 Judgment

At a recent hearing in Asheville on motions for summary judgment Bill Cannon successfully defended a motion for summary judgment by two surety bond companies and obtained summary judgment in favor of the Town of Black Mountain and Buncombe County in the amount of $1,403,240.00.  The bond companies had guaranteed completion of roads, sewer, storm drainage and sewer improvements for a subdivision in the event that the developer failed to do so.  After the developer defaulted on its obligation, the bond companies refused to pay.  They claimed that the statute of limitations had run on the bonds before suit was filed and that the bonds were terminated when the subdivision was annexed into the Town. Bill Cannon’s practice includes representation 

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Cannon Law Successful in Supreme Court

Bill Cannon and Mike McConnell successfully defended a favorable decision entered by the North Carolina Court of Appeals after the North Carolina Supreme Court decided to review the decision of the Court of Appeals.  In Glens of Ironduff Property Owners Association, Inc. v. Daly,  a subdivision property owners association sued the developer for damage to a subdivision road.  The trial court ruled in favor of our client, the developer, and the association appealed the decision to the North Carolina Court of Appeals.  The Court of Appeals upheld the decision of the trial court and ruled in favor of the developer. The North Carolina Supreme Court granted the association’s Petition for Discretionary Review and ordered briefs to be submitted as well 

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ELECTION 2013 – EASTERN BAND OF CHEROKEE INDIANS

     The Eastern Band of Cherokee Indians held its primary elections for Tribal Council yesterday, September 5, 2013.  Here are the unofficial winners in each community, as reported by the Cherokee One Feather newspaper and the Tribe’s Board of Elections.  Each community has two council members and they serve two-year terms.  Several incumbents lost their seats, but representation in the majority of communities stays the same.  Big Cove Tribal Council Teresa McCoy and Perry Shell Yellowhill Tribal Council David Wolfe and Alan “B” Ensley Birdtown Tribal Council Gene “Tunney” Crowe Jr. and Albert Rose Painttown Tribal Council Tommye Saunooke and Terri Henry Wolftown Tribal Council Bo Crowe and Dennis Edward (Bill) Taylor Cherokee Co./Snowbird Tribal Council Adam Wachacha and Brandon Jones      SUMMARY      

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Supreme Court Weakens Pollution Law

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In Applewood Properties, LLC v. New South Properties, LLC, Case # 161A12 decided June 13, 2013, the North Carolina Supreme Court reviewed a suit arising out of the flooding of a golf course with mud, water and other debris.  The Plaintiff filed suit under the North Carolina Sedimentation Pollution Control Act of 1973 (N.C.G.S. § 113A-50 et seq.).  Construction and soil disturbing activity had taken place on property adjoining a golf course pursuant to an erosion and sedimentation control plan approved by the Gaston County Natural Resources Department.  (GNRD)  On more than one occasion, the GNRD had issued a “Notice of Non-Compliance” for failure to comply with the approved plan. As a result of damage to the golf course, a 

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A Place for Civil Discussion

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My practice is primarily focused on civil litigation, with additional practice areas where I try to counsel clients and prepare documents to minimize litigation.  In legal jargon, I am a civil lawyer and my goal is to also be a “civil” (courteous & professional) lawyer in my dealing with opposing counsel, judges, court officials, parties and clients.  I am starting this blog to have a forum where civil discussion can take place regarding issues that arise from the practice of law and developments springing from court decisions and legislation. I think an appropriate topic to kick this blog off is the importance of civility in the legal arena. Some trial lawyers and lawyers in general have developed a reputation for 

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Innocent Spouse Relief from the IRS

If you are married, separated or divorced, you probably filed your federal income tax returns as “married, filing jointly”.  This makes sense because filing jointly gives you certain tax benefits. However, it also makes you and your spouse jointly liable for all the taxes, interest and penalties  that might be owed on the joint return, even if you later get divorced. Do I Owe the Money? Each spouse, independently of the other, can be made to pay the entire debt to the IRS.  Also, one spouse may be held responsible for all the taxes even if all the income was earned by the other spouse.  It doesn’t matter what your separation agreement or divorce judgment says.   The IRS didn’t sign the agreement and it wasn’t a party to the judgment.   It just wants 

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Supreme Court Overturns NC Medicaid Lien Statute

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In  Aldona Wos, Secretary of North Carolina Department of Health and Human Services v. E.M.A., a minor, by and through her guardian ad litem, Johnson, et al. (decided March 20, 2013) the United States Supreme Court held that a North Carolina statute creating an irrebuttable presumption that the State is entitled to 1/3 of injury settlements received by Medicaid recipients was pre-empted by the federal Medicaid statute.  In that case, a child was born with multiple birth injuries that require her to receive 12-18 hours of skilled nursing care daily.  North Carolina Medicaid pays part of the cost of the ongoing care. State Used Arbitrary 1/3 Allocation When a settlement was reached in a medical malpractice case, the State claimed 

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Waynesville Lawyer Named to 2013 Super Lawyers List

Bill Cannon has been named to the North Carolina Super Lawyers list as one of the top attorneys in North Carolina for 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-­‐phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. 

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Bank Loses Guaranty Appeal

In SunTrust Bank v. C&D Custom Homes, et al., decided November 6, 2012, the North Carolina Court of Appeals found in favor of a Defendant sued by a bank on a guaranty agreement executed pursuant to a power of attorney.  The Defendant contended that the attorney in fact had no authority under the terms of the power of attorney to act on the Defendant’s behalf until a physician had certified that the Defendant was incompetent.  The Court of Appeals found that there was no evidence of incompetency and rejected the Bank’s argument that it could rely upon the apparent authority of the attorney in fact. It is difficult for a guarantor to prevail in North Carolina against claims by the 

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