Baucom's Nursery Co. v. Mecklenburg County, N.C.

Decision Date28 July 1988
Docket NumberNo. 207P88,207P88
Citation322 N.C. 834,371 S.E.2d 274
PartiesBAUCOM'S NURSERY COMPANY, a corporation, v. MECKLENBURG COUNTY, NORTH CAROLINA, Carla E. DuPuy, Chairman and Member of the Board of County Commissioners of Mecklenburg County, North Carolina, and T. Rodney Autrey, John G. Blackmon, George Higgins, Peter Keber, Barbara Lockwood and Robert L. Walton, Members of the Board of County Commissioners of Mecklenburg County, North Carolina.
CourtNorth Carolina Supreme Court

Boyle & Alexander, Charlotte, for plaintiff.

Ruff, Bond, Cobb, Wade & McNair, Charlotte, for defendants.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. § 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 28th day of July, 1988."

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12 cases
  • Houck & Sons, Inc. v. Transylvania County
    • United States
    • U.S. District Court — Western District of North Carolina
    • March 18, 1993
    ...sovereign immunity). Baucom's Nursery Co. v. Mecklenburg County, 89 N.C.App. 542, 544, 366 S.E.2d 558, 560, review denied, 322 N.C. 834, 371 S.E.2d 274 (1988); see also Lenzer v. Flaherty, 106 N.C.App. 496, 514, 418 S.E.2d 276, 288 (affirming dismissal of tortious interference with contract......
  • Messick v. Catawba County, N.C.
    • United States
    • North Carolina Court of Appeals
    • July 6, 1993
  • Slade v. Vernon
    • United States
    • North Carolina Court of Appeals
    • June 1, 1993
    ...are also immune from suit. Baucom's Nursery Co. v. Mecklenburg Co., 89 N.C.App. 542, 366 S.E.2d 558, disc. rev. denied, 322 N.C. 834, 371 S.E.2d 274 (1988). It is uncontroverted that defendants are public officials of Rockingham County, and, as such, are entitled to sovereign Sovereign immu......
  • Wood v. North Carolina State University
    • United States
    • North Carolina Court of Appeals
    • December 4, 2001
    ...Drain Court cited Baucom's Nursery Co. v. Mecklenburg County, 89 N.C.App. 542, 544, 366 S.E.2d 558, 560, disc. review denied, 322 N.C. 834, 371 S.E.2d 274 (1988), for this proposition. However, we did not hold in Baucom's Nursery that the State waives its immunity by purchasing liability in......
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