West End Land Use & Zoning Lawyer, North Carolina
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Kirsten Ellefson Foyles
Land Use & Zoning, Landlord-Tenant, Real Estate, Traffic
Status: In Good Standing
135 Applecross Road, Pinehurst, NC 28374
Profile LAWPOINTS™41/100
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Amy Elizabeth Parker
Land Use & Zoning, Family Law, Divorce & Family Law, Criminal
Status: In Good Standing Licensed: 24 Years
Holly Springs, NC 27540
Profile LAWPOINTS™22/100
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LEGAL TERMS
EVICTION
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful det... (more...)
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful detainer.'
RESTRAINT ON ALIENATION
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.
HOMEOWNERS' ASSOCIATION
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.
LIQUID ASSETS
Business property that can be quickly and easily converted into cash, such as stock, bank accounts and accounts receivable.
COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.
AUTHOR
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context o... (more...)
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context or the person or business that commissions the work under a valid work for hire contract. For example, a songwriter may write a song, but if he is employed by a company to do so, the company is the author of that song for copyright purposes.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
CO-TENANTS
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreemen... (more...)
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.
HOLD HARMLESS
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.
SAMPLE LEGAL CASES
MORRIS COMM. v. BESSEMER CITY ZONING BOA
On 21 November 2005, Fairway applied to Gaston County for a building permit ("the building
permit"). The building permit was issued on 13 December 2005 [1] and contained, inter alia,
the following language: "This permit becomes null and void if work or construction ...
LAMAR OCI SOUTH CORPORATION v. STANLY COUNTY ZONING BOARD OF ADJUSTMENT
LAMAR OCI SOUTH CORPORATION d/b/a Lamar Advertising of Asheville, Petitioner v. STANLY
COUNTY ZONING BOARD OF ADJUSTMENT and Stanly County, Respondents. ... Van
Winkle, Buck, Wall, Starnes & Davis, PA, by Craig D. Justus, Asheville, for petitioner- ...
Musi v. Town of Shallotte
... We affirm. This appeal arises from a zoning decision of the Board of Alderman of the Town of
Shallotte, in Brunswick County, North Carolina. ... In 2006 the subject property was subject to the
zoning authority of Brunswick County, and had an R-7500 zoning designation. ...
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