Justia Government Contracts Opinion Summaries

The Supreme Court held that the Town of Weddington was protected from Providence Volunteer Fire Department, Inc.'s fraud-related claims based upon the doctrine of governmental immunity and that Mayor Deter was protected from those claims based upon the doctrine of legislative immunity, and therefore, the trial court erred by failing to dismiss Providence's fraud-related claims.The Town entered into three contracts with Providence in order to procure fire protection services for its residents, renovate its fire station, and purchase and lease the fire station back to Providence. Substantial improvements were subsequently made to Providence's fire station, and the Town then obtained a quitclaim deed to the property. Thereafter, the Town voted to terminate the lease with Providence. Providence filed a complaint asserting various forms of relief. The trial court denied the Town's motion to dismiss. The court of appeals reversed, ruling that Providence's fraud-related claims were barred by governmental and legislative immunity. The Supreme Court affirmed, holding that the court of appeals did not err in deciding that (1) the Town was shielded from Providence's fraud-related claims on the basis of governmental immunity; and (2) Mayor Deter was shielded from Providence's fraud-related claims on the basis of legislative immunity. View "Providence Volunteer Fire Department, Inc. v. Town of Weddington" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the trial court and remanded this case for further remand to the superior court with instructions to reinstate its earlier order granting summary judgment in favor of the Attorney General, holding that the New Hanover County Board of Education's amended complaint did not suffice to support a claim pursuant to N.C. Gen. Stat. 147-76.1.This case arose from the Board of Education's challenge to the Attorney General administration of an environmental enhancement grant program funded by payments made by Smithfield Foods, Inc. and its subsidiaries pursuant to an agreement between the companies and the Attorney General. The trial court granted summary judgment for the Attorney General and dismissed the Board of Education's allegations that the payments received from the Smithfield companies under the agreement constituted civil penalties that should have been made available to public schools pursuant to N.C. Const. Art. IX, 7. The Supreme Court upheld the trial court's judgment, holding that the court of appeals erred by concluding that the Board of Education’s complaint sufficed to support a claim for relief pursuant to section 147-76.1. View "New Hanover County Board of Education v. Stein" on Justia Law