Wilmington

3 Foodborne Illness Drivers

The three drivers behind more reported outbreaks of foodborne illness include: convenience, imported foods and … well, you might be surprised by the third here: https://letamericaknow.com/view_feature_ysk.php?memberid=22871&orderid=957&issueid=1904#

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Ask a Lawyer Day

Last week I participated in the Ask a Lawyer Day program in Wilmington NC. This is similar to Justice4All program where local attorneys field legal questions for free from the general public. Oftentimes it involves explanations of legal issues or concepts, similar to what I do sometimes in this blog. Other times it is to […]

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What If…

I love alternative history stories. Things like “What if the Soviet Union had won the Cold War ?” or “What if JFK had not been assassinated?” I find fascinating and oftentimes help me better understand actual history. I even like alternative takes on imaginary history like “What If Spider-Man had been bitten by a radioactive […]

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HOA v. The Doctor

English: The current TARDIS seen at BBC TV Centre and taken by me Zir (talk) 23:04, 20 January 2009 (UTC) Please credit © zir.com if used outside of Wikipedia Category:Doctor Who images (Photo credit: Wikipedia) Homeowner Associations exist to manage planned communities. Part of that duty is to enforce the restrictive covenants of the community. […]

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Can’t Give it Away.

I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have any access to the property except by the river. The land is mostly marsh and wetlands […]

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Two Tenants, One Apartment.

I recently competed a semi-famous one-act play entitled “Box and Cox.”  The play is a 19th century farce about two men. Cox works all day as a hatter, and Box works all night as a printer. An enterprising landlord, Mr. Bouncer, decides to rent them the same room without telling them. This works remarkable well, until […]

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Corporate Pro Se Representation

In North Carolina, a person has a right to represent themselves in court, even if they are not a lawyer. However, even though a corporation or LLC is considered a “person” for many legal issues, they are not capable of representing themselves in court. Even a small corporation that is owned 100% by one individual, […]

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Free Speech in an HOA

Recently, a retired police officer in Southport NC challenged a rule by his homeowner’s association prohibiting religious or political gatherings at the community’s amenities center. The homeowner felt that this was an infringement of his constitutional rights. After holding meetings and gathering petition signatures, the HOA board agreed to change the rule. Some people may […]

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Who controls the roads?

One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, a plat is filed that shows the lots, common […]

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Does Your Dog Bite?

“Every dog gets one bite,” is a bit of homey legal wisdom that is often repeated by laypersons and even lawyers, but it is not entirely true in the state of North Carolina. The first way a person can recover from a dog bite or attack is under a negligence theory. Legally, a dog attack […]

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Warranties

You can get good bargains from buying things from classified ads, or Craig’s List, or at a garage sale. Aside from scams, the biggest problem is what happens when you get that new (to you) boat, vacuum cleaner, Betamax, or automatic tomato planter, home and it quits working. What protection do you have? Legally, you […]

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Ground Control to Major Tom

Probably the most violated law I see by Homeowner Associations is restrictions on satellite dishes. The restriction is in nearly every set of Declarations I review and almost all are illegal provisions. Since 1996, the Federal Communications Commission has adopted a rule that prohibits restrictions that impair the installation, maintenance or use of antennas used […]

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Lawyer in a Box

Consumer Reports took a break from comparing washing machines and SUVs and subjected some of the do-it-yourself legal products to their testing and review. Using the products of LegalZoom, Nolo, Rocket Lawyer, and Quicken’s Willmaker Plus, the testers created a will, car bill of sale, a home lease, and a promissory note using those company’s […]

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The Magic Multiplier

In North Carolina, damages for personal injury involve several different kinds of damages. First are the hard damages or “specials” as some call them. These are the damages where the amounts are usually easy to determine. As long as medical bills and lost hours at work can be shown to be caused by the negligence […]

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Good TV

I’ve watched a lot of lawyer shows over the years. The first I remember was “The Paper Chase” which was actually about law school. After watching that I decided I didn’t want to be a lawyer just from the shear amount of stress it appeared that law students have. (Of course I did eventually go […]

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