Tuesday, August 5, 2014

Cox v. Town Of Oriental: Update

A little over a month ago, I reported that the NC Court of Appeals upheld the Pamlico Superior Court's dismissal of my complaint against the Town over the Town's closing of Avenue A.

It was a unanimous opinion of a three-judge panel, which meant I have no right of appeal. I did retain the right to petition the NC Supreme Court for a discretionary review. The Supreme Court very seldom grants such petitions.

I have decided not to petition the Supreme Court in this case.

My second complaint against the Town, for the closing of South Avenue, is very much alive. The South Avenue complaint was stayed by Judge Nobles, pending results from the Court of Appeals. The Court of Appeals made it clear that their opinion applies only to the Avenue A complaint and not to the South Avenue complaint.

The opinion upheld the dismissal on the sole grounds that I did not complain that the Town's action injured me personally. I will have more to say about that issue as my South Avenue complaint proceeds.


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