Two excellent attorneys, Matt Nichols and Kip Nelson, worked on the case with me at the Supreme Court.
My clients, the Wilkies, were excellent to work with. The Wilkies fought for their rights for six years. Litigation is stressful for litigants as well as attorneys.
The Supreme Court Opinion can be found here https://appellate.nccourts.org/opinions/?c=1&pdf=36667
The Supreme Court remanded the case back to the Court of Appeals. The Court of Appeals issued an opinion in favor of my clients in December of 2018 and that opinion can be found here
https://appellate.nccourts.org/opinions/?c=2&pdf=37714
If is anyone is interest in reading the first Court of Appeals Decision in this case that was reversed, that opinion can be found here https://appellate.nccourts.org/opinions/?c=2&pdf=34911
Simply, inverse condemnation occurs when a governmental entity takes private property without instituting a condemnation proceeding. And, a property owner need not prove the government’s motives.
If you feel that a city, county, or other governmental entity has “taken” your real estate, please contact me. You might have an inverse condemnation claim. I am happy to speak with you about your case.
Disclaimer:
The information contained in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog should be construed as legal advice from Kurt B. Fryar, Attorney at Law, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this blog should act or refrain from acting on the basis of any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.