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 the Association had not raised its claim within the statute of repose.
The Association argued that although the road had been completed for a number of years, the developer had later paved the road and that action had extended the deadline for filing the suit. The Court of Appeals ruled that the deadline was correctly calculated from the date the road became usable for traffic and the subsequent paving did not extend the time for suing the developer.