Stephenson v. TOWN OF GARNER

Decision Date15 June 2000
Docket NumberNo. 107P00.,107P00.
Citation352 N.C. 156,544 S.E.2d 243
PartiesW. Carroll STEPHENSON, Jr. v. TOWN OF GARNER, a Municipal Corporation, Ronnie Williams, Jackie Johns, Sr., and John Adams.
CourtNorth Carolina Supreme Court

L. Lamar Armstrong, Jr., Smithfield, for Stephenson.

Edward L. Eatman, Jr., Holly L. Saunders, Charlotte, for Town of Garner et al.

Prior report: 136 N.C.App. 444, 524 S.E.2d 608.

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 15th day of June 2000."

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5 cases
  • Molamphy v. Town of Southern Pines, No. 1:02CV00720 (M.D.N.C. 3/3/2004)
    • United States
    • U.S. District Court — Middle District of North Carolina
    • March 3, 2004
    ...brought under state law. See Stephenson v. Town of Garner, 136 N.C. App. 444, 450-451, 524 S.E.2d 608, 612-613, rev. denied. 352 N.C. 156, 544 S.E.2d 243 (2000). Consequently, defendants Quis, Haney, and McInerney are immune for actions taken in their legislative capacity, such as when they......
  • Considine v. City of Waterbury
    • United States
    • Connecticut Supreme Court
    • September 12, 2006
    ...S.E.2d 608 (lease of municipal property for construction of cellular telephone tower was proprietary function), appeal denied, 352 N.C. 156, 544 S.E.2d 243 (2000); Chupek v. Akron, 89 Ohio App. 266, 269, 101 N.E.2d 245 (1951) (lease of municipal stadium to private individual to hold automob......
  • Sugar Creek Charter Sch. Inc. v. State Carolina
    • United States
    • North Carolina Court of Appeals
    • August 2, 2011
    ...S.E.2d 107 (2008), and citing Stephenson v. Town of Garner, 136 N.C.App. 444, 447, 524 S.E.2d 608, 611, disc. review denied, 352 N.C. 156, 544 S.E.2d 243 (2000)). We will now utilize this standard of review to evaluate Plaintiffs' challenges to the trial court's order. B. Analysis of Plaint......
  • Williams v. Macky Two, LLC
    • United States
    • Connecticut Superior Court
    • April 6, 2016
    ... ... view the evidence in the light most favorable to the ... nonmoving party. Town Bank & Trust Co. v. Benson, ... 176 Conn. 304, 309, 407 A.2d 971 (1978); Strada v ... rented substantial portion of municipal building to private ... persons); Stephenson v. Garner, 136 N.C.App. 444, ... 454, 524 S.E.2d 608 (lease of municipal property for ... ...
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