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AGI ASSOCIATES, LLC v. CITY OF HICKORY, N.C.

No. 13-2097.

773 F.3d 576 (2014)

AGI ASSOCIATES, LLC, Plaintiff-Appellee, v. CITY OF HICKORY, NORTH CAROLINA, Defendant-Appellant, and Profile Aviation Center, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 11, 2014.

Attorney(s) appearing for the Case

ARGUED: J. Samuel Gorham, III , John William Crone, III , Gorham & Crone, LLP, Hickory, North Carolina, for Appellant. Edward Bilbro Davis , BELL, Davis & Pitt, P.A., Charlotte, North Carolina, for Appellee. ON BRIEF: Frank C. Newton, Jr. , Charlotte, North Carolina, for Appellant. Adam T. Duke , Bell, Davis & Pitt, P.A., Winston-Salem, North Carolina, for Appellee.

Affirmed by published opinion. Senior Judge DAVIS wrote the opinion, in which Chief Judge TRAXLER and Judge DIAZ joined.

This case concerns a question of North Carolina law: whether governmental immunity from equitable claims is waived when a county or municipality acts in a proprietary, rather than governmental, capacity. The district court answered that question in the affirmative and denied Appellant City of Hickory's motion to dismiss...

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