Dale C. Bone was a member of Roscoe, LLC, an LLC organized under the laws of North Carolina. Roscoe, LLC, purchased two acres of land near the town of Apex, North Carolina. Apex approved Roscoe, LLC’s, plan to construct and operate a propane gas bulk storage and distribution facility on the land. This use was permitted under Apex’s zoning ordinance. Daylene Page and other home owners in the area sued Roscoe, LLC, and Dale C. Bone, alleging that the gas storage facility, if constructed, would constitute a nuisance. After the trial court denied the plaintiffs’ motion to obtain a preliminary injunction against construction of the facility, the plaintiffs dismissed the lawsuit. Subsequently, Bone sued the plaintiffs to recover the attorneys’ fees he had spent in defending against the plaintiffs’ lawsuit. Bone alleged that he should have not been named a defendant in the lawsuit because he was a member of Roscoe, LLC, and would have had no personal liability in the lawsuit. Should the plaintiffs who sued Bone be required to pay his legal fees in fighting the lawsuit? Why or why not? Page v. Roscoe, LLC, 497 S. E. 2d 422, 1998 N. C. App. Lexis 169 (Court of Appeals of North Carolina)
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