PROVIDENCE VOLUNTEER FIRE v. WEDDINGTON

No. COA16-80.

800 S.E.2d 425 (2017)

PROVIDENCE VOLUNTEER FIRE DEPARTMENT, a North Carolina non-profit corporation, Plaintiff, v. The TOWN OF WEDDINGTON, a North Carolina municipal corporation, Defendant.

Court of Appeals of North Carolina.

Filed: April 18, 2017.


Attorney(s) appearing for the Case

The Duggan Law Firm, PC, by Christopher Duggan , Henderson, Nystrom, Fletcher & Tydings, by Robert E. Henderson , Charlotte and John Fletcher , Belmont, for Plaintiff-Appellee.

Parker Poe Adams & Bernstein, LLP, Charlotte, by Anthony Fox and Benjamin R. Sullivan , for Defendant-Appellant.


A municipality's motion to dismiss a tort claim based on governmental immunity is properly denied when the motion does not refute a verified complaint alleging that the tort occurred when the municipality was engaged in a proprietary function. A preliminary injunction is inappropriate where...

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