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CARY CREEK LTD. PARTNERSHIP v. TOWN OF CARY

No. COA09-799.

690 S.E.2d 549 (2010)

CARY CREEK LIMITED PARTNERSHIP, Plaintiff, v. TOWN OF CARY, North Carolina, Defendant.

Court of Appeals of North Carolina.

March 16, 2010.

Attorney(s) appearing for the Case

Robertson, Medlin & Blocker, P.L.L.C., by John F. Bloss, Greensboro, and Smith Moore Leatherwood, L.L.P., by Marc C. Tucker, Greensboro, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, P.L.L.C., by John C. Cooke and Michael T. Henry, Raleigh, for defendant-appellee.

Julia F. Youngman, Chapel Hill, for Catawba Riverkeeper Foundation, Inc., Haw River Assembly, North Carolina Conservation Network, Southern Environmental Law Center and WakeUP Wake County, amici curiae.

Gregory F. Schwitzgebel, III, Raleigh, for North Carolina League of Municipalities and North Carolina Association of County Commissioners, amici curiae.

BRYANT, Judge.

On 29 May 2007, plaintiff Cary Creek Limited Partnership ("Cary Creek") sought a declaratory judgment that ordinances enacted by defendant Town of Cary ("the Town") which require preservation of riparian buffers are invalid and unenforceable or, in the alternative, that the Town must compensate Cary Creek under principles of inverse condemnation. The Town moved to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), which motion the trial court subsequently...

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