HILDEBRAN HERITAGE v. TOWN OF HILDEBRAN

No. COA16-568.

798 S.E.2d 761 (2017)

HILDEBRAN HERITAGE & DEVELOPMENT ASSOCIATION, INC., and Citizens United to Preserve the Old Hildebran School, Plaintiffs v. The TOWN OF HILDEBRAN and Foothills Recycling & Demolition, LLC, Defendants.

Court of Appeals of North Carolina.

Filed: March 21, 2017.


Attorney(s) appearing for the Case

Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A., Hickory, by Jason White and Amber R. Mueggenburg , for plaintiff-appellants.

Byrd, Byrd, McMahon, & Denton, P.A., by Lawrence D. McMahon, Jr. , Morganton, and G. Redmond Dill, Jr. , for defendant-appellee Town of Hildebran.

The Starnes Law Firm, Morganton, by James B. Hogan , for defendant-appellee Foothills Recycling & Demolition, LLC.

Engstrom Law, PLLC, by Elliot Engstrom , for amicus curiae Engstrom Law, PLLC.


Where the meeting of the town council was held openly and in view of the public, the trial court did not err in concluding that it did not violate the Open Meetings Law. Where the only evidence of unreasonable limitation of opportunity for access to the meeting was the fact that the venue could not accommodate all present, the trial...

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