FEDERAL POINT YACHT CLUB ASS'N. v. MOORE

No. COA13-681.

758 S.E.2d 1 (2014)

FEDERAL POINT YACHT CLUB ASSOCIATION, INC., a North Carolina Corporation, Plaintiff, v. Gregory MOORE, Defendant.

Court of Appeals of North Carolina.

April 1, 2014.


Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Steven M. Sartorio , Raleigh, and the Law Offices of G. Grady Richardson, Jr., P.C., Wilmington, by G. Grady Richardson, Jr. , for plaintiff-appellee.

Chleborowicz Law Firm, PLLC, Wilmington, by Christopher A. Chleborowicz , for defendant-appellant.


BRYANT, Judge.

An association has representational standing to bring a lawsuit provided at least one of its members has suffered imminent harm. Where a defendant fails to join necessary parties to his action, a dismissal of his claim pursuant to N.C. R. Civ. P. 12(b)(7) is appropriate. Where a restrictive covenant must be enforced, a permanent injunction is the proper remedy. A trial court has discretion to award injunctive relief upon its weighing and balancing of...

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