Adams Creek Assocs. v. Davis
Supreme Court of North Carolina
Adams Creek Assocs. v. Davis, 818 S.E.2d 100 (N.C. 2018)
Per Curiam
Adams Creek Assocs. v. Davis
Opinion
The decision of the Court of Appeals is vacated, and this case is remanded to the Court of Appeals for further remand to the trial court for findings of fact concerning defendants' ability to comply with the removal of the structures as a condition of the 2011 Contempt Order. In the trial court, defendants also are without prejudice to advance claims not briefed or previously raised but discussed at oral arguments before this Court.
VACATED AND REMANDED.
Reference
- Full Case Name
- ADAMS CREEK ASSOCIATES v. Melvin DAVIS and Licurtis Reels
- Status
- Published
- Syllabus
- Appeal from trial court's refusal to release defendants from jail due to their continued failure to comply with conditions imposed in an order of civil contempt whether the Court of Appeals erred by affirming the trial court's order when the trial court did not consider defendants' evidence that they are unable to comply with the contempt order, as required under N.C.G.S. 5A-21(a)(3).