A neighborhood successfully used the Kirby case against the Map Act to force the NCDOT to settle an inverse condemnation claim. This property was part of the Greensboro Urban Loop
Battle Forest homeowners sued the NCDOT for breaching the restrictive covenants when it tore down townhomes against the association’s covenants.
It was part of a Map Act that our attorneys have litigated is an inverse condemnation. We’re headed to the North Carolina Supreme Court in February to argue the case.
It will take several months to determine the damage to the neighborhood. But now at least they’re just litigating over damages, including attorney fees reimbursement.