EPCON HOMESTEAD, LLC v. TOWN OF CHAPEL HILL

No. 21-1713.

62 F.4th 882 (2023)

EPCON HOMESTEAD, LLC, Plaintiff-Appellant, v. TOWN OF CHAPEL HILL, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 20, 2023.

Amended: March 21, 2023.


Attorney(s) appearing for the Case

ARGUED: Jeffrey Lawrence Roether , MORNINGSTAR LAW GROUP, Durham, North Carolina, for Appellant. Dan M. Hartzog, Jr. , HARTZOG LAW GROUP LLP, Raleigh, North Carolina, for Appellee. ON BRIEF: William J. Brian, Jr. , MORNINGSTAR LAW GROUP, Durham, North Carolina, for Appellant. Katherine M. Barber-Jones , HARTZOG LAW GROUP LLP, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Thacker joined, and Judge Rushing wrote a separate opinion concurring in the judgment.


This case presents a narrow question: For plaintiffs challenging the constitutionality of a land-use condition, when does their Section 1983 claim accrue? Under Fourth Circuit precedent, a cause of action for a constitutional tort normally vests when the plaintiff knows or has reason...

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