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,
In Erthal, et al. v. May, decided by the North Carolina Court of Appeals on November 20, 2012, the Court dealt with a suit arising out of a commercial stable operation located in an equestrian residential community. Although the restrictive covenants for the subdivision permitted horses and stables, the Plaintiffs contended that the commercial nature of the Defendants’ operations were a violation of the restrictions. The Court of Appeals disagreed and affirmed the trial court’s decision in permitting the commercial stable operation. Narrowly construing the restrictive covenants, the court noted that there was no express prohibition against commercial activity and that the stable operations were taking place in conjunction with a residential use. Members of restricted communities should not assume
Mike McConnell and I successfully represented on appeal a developer being sued by a Homeowners’ Association. The case, The Glens of Ironduff v. Daly, was decided today by the North Carolina Court of Appeals and upheld the summary judgment we obtained in favor of the developer. In the case, the Association sued the developer for damage to a subdivision road. Although the road had been inspected by a professional engineer, the Association contended that it was located too close to a stream and that erosion by the stream had caused a portion of the shoulder to fall into the stream. The developer raised the statute of repose as a defense, arguing that the road was completed many years ago and
I recently spoke to the first year students at Atlanta’s John Marshall Law School as part of the school’s Professionalism Series. Part of that presentation included my Ten Tips for Young Lawyers on Developing Professionalism in Their Practices. 1. Get over it. You will be entering a profession that is filled with conflict and emotion and stress. It is inevitable that someone will say something to you or engage in an activity that you find quite offensive. Ignore it and don’t lose sight of your goal of effective representation of your client. Responding in kind only results in collateral damage to the clients and the court system and it’s not going to help your satisfaction level.
I had the opportunity to speak to the first year class as part of Atlanta’s John Marshall Law School Professionalism Series on October 30, 2012. I was introduced by Associate Professor Michael Mears, a classmate from the University of Georgia School of Law. I spoke on the topic of “Professionalism–What is it and Why is it Important?” The Elements of Professionalism I see four necessary elements of professionalism in the practice of law: (1) developing a state of mind that prevents a lawyer from responding in kind to improper conduct; (2) recognizing that the advancement of justice is more important than a lawyer’s ego, income or the result of an individual case; (3) developing a relationship of trust and honor with others; and
Bill Cannon of Cannon Law, P.C. won two recent jury trials in Haywood Superior Court. The first trial involved representation of clients that claimed title to adjoining property by adverse possession for more than 20 years. The verdict determined that all of the property claimed was now the property of the plaintiffs. In a second trial, Cannon successfully defended an officer of a foreign corporation against a claim by local plaintiffs for money owed. The plaintiffs sued the defendant, alleging that a loan was made to the individual defendant and not to the corporation. The jury verdict found that the defendant was not liable for the loan. NOTICE: Prior results do not guarantee a similar outcome. Each case has different
Waynesville lawyer Bill Cannon was selected by Mike Wells, President of the North Carolina Bar Association, to serve on the Executive Committee for that organization during the NCBA’s Annual Meeting in Wilmington, North Carolina on June 24, 2012. He has been a member of the NCBA Board of Governors since 2011 and is a past chair of the Professionalism Committee.
Can a Person Who Texts a Driver be Held Liable? Texting and driving can be lethal. The news is full of accounts of drivers – mostly young people – who get distracted by their cell phone, crash, and seriously injure somebody. So far, liability has been limited to the person who was negligently driving and who caused the crash and injuries. A new texting and driving case in New Jersey asks the novel question of whether the person who sent the text to the negligent driver can also be held liable. Crash Caused Terrible Injuries. In this case, David and Linda Kubert sued Kyle Best for injuries they suffered when Mr. Best crossed the center line in his car and
Yes, you can lose your North Carolina driver’s license if you get a speeding ticket. If you have to go to traffic court in western North Carolina because you were caught speeding or were cited for some other traffic law violation, you really will have three options: (1) admit guilt and pay the fine; (2) fight the ticket in court; or (3) negotiate with the assistant district attorney and plead down to a reduced speed violation or, if possible, to a non-moving violation. The experienced lawyers at Cannon Law, P.C., will help you make the best decision for your case. What is the best approach? Each approach has its advantages, but every case is unique and requires individual attention and
My Ex Didn’t Report their Income and the IRS Says I Have to Pay the Taxes. What can I do? As a married person, you might have filed your income tax returns with the Internal Revenue Service as “married, filing jointly”. Filing jointly makes sense because it gives you certain tax benefits. However, it also makes you and your spouse jointly and severally liable for all the taxes, interest and penalties that may be due on the joint return, even if you later get divorced. This means that 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 of the taxes even