Zander v. Orange County

• Court: Supreme Court of North Carolina
• Decided: December 13, 2024
• Docket: 426A18-2
• Status: Published

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 426A18-2

Filed 13 December 2024

ELIZABETH ZANDER and EVAN GALLOWAY

v.

ORANGE COUNTY, NC and the TOWN OF CHAPEL HILL

Appeal pursuant to N.C.G.S. § 7A-30(2) (2023) from the decision of a divided

panel of the Court of Appeals, 289 N.C. App. 591, 890 S.E.2d 793 (2023), affirming in

part and reversing in part an order entered on 17 June 2022 by Judge Allen Baddour

in Superior Court, Orange County, and remanding the case. This matter was

calendared for argument in the Supreme Court on 30 October 2024 but determined

on the record and brief without oral argument pursuant to Rule 30(f) of the North

Carolina Rules of Appellate Procedure.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by William A. Robertson, Robert J. King III, Daniel F.E. Smith, and Matthew B. Tynan, for plaintiff-appellants.

No brief for defendant-appellees.

PER CURIAM.

For the reasons stated in the dissenting opinion at the Court of Appeals, the

decision of the Court of Appeals is reversed. This case is remanded to the Court of

Appeals with instructions to remand to the trial court for further proceedings.

REVERSED AND REMANDED. ZANDER V. ORANGE COUNTY

Opinion of the Court

Justice RIGGS did not participate in the consideration or decision of this case.

Justice EARLS dissenting.

I would affirm the decision of the Court of Appeals for the reasons stated in the

majority opinion of the Court of Appeals. Therefore, I respectfully dissent.

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