DUKE ENERGY CAROLINAS, LLC, Plaintiff,
v.
Herbert A. GRAY, Defendant/Third Party Plaintiff,
v.
John Wieland Homes and Neighborhoods of the Carolinas, Inc., Third Party Defendant. and
Builder Support Services of the Carolinas, Inc. f/k/a John Wieland Homes and Neighborhoods of the Carolinas, Inc., Fourth-Party Plaintiff,
v.
Yarbrough-Williams & Houle, Inc., Lucas-Forman, Inc., and Carter Land Surveyors & Planners, Inc., Fourth-Party Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
DeVore, Acton & Stafford, PA, Charlotte, by Fred W. DeVore, III , and Derek P. Adler , for plaintiff-appellee John Wieland Homes and Neighborhoods of the Carolinas, Inc.
Hamilton Stephens Steele & Martin, PLLC, Charlotte, by Mark R. Kutny , and Erik M. Rosenwood , for fourth-party defendant-appellee Yarbrough-Williams & Houle, Inc.
Nelson Mullins Riley & Scarborough, LLP, Raleigh, by Joseph W. Eason , and Phillip A. Harris, Jr. , for Amici Curiae North Carolina Electric Membership Corporation and the North Carolina Association of Electric Cooperatives.
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by Matthew D. Rhoad , and Davis F. Roach , for Amici Curiae Public Service Company of North Carolina, Inc. d/b/a PSNC Energy; and Piedmont Natural Gas Company, Inc.
STEELMAN, Judge.
N.C. Gen.Stat. § 1-50(a)(3) provides for a six year statute of limitations for injury to an incorporeal hereditament, which includes claims for encroachment upon an easement. Because plaintiff's claim for encroachment was filed more than six years after its claim accrued, the claim was barred by the statute of limitations....
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