The Chatham County Board of Commissioners recently passed a zoning ordinance that requires all new poultry...
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The Chatham County Board of Commissioners recently passed a zoning ordinance that requires all new poultry houses be built behind a tree buffer when within 2000 feet of a residence on an adjoining parcel. Pink Floyd, a local welder who does not farm or raise chickens, is upset about the government overreach of such an ordinance and is concerned it may open the door for more government regulation in rural areas. Pink files for an injunction against the ordinance claiming that Chatham County lacks the authority under state law to issue such an ordinance. Chatham County files a motion to dismiss. You are the Chatham County Superior Court judge assigned to the case, how will you rule and why? a) Motion to dismiss denied because plaintiff has a good point b) Motion to dismiss granted, because plaintiff has made no allegation that the ordinance causes him a particularized and non-theoretical injury c)Motion to dismiss denied, because North Carolina's Right to Farm statute, N.C.G.S. $107- 600 et seq., declares that "It is the declared policy of the State to conserve and protect and encourage the development and improvement of its agricultural land and forestland for the production of food, fiber, and other products." (Question 2) George and Martha Washington, a married couple in Virginia, jointly own Mt. Vernon and execute a deed describing Mt. Vernon to Martha's son John Custis with the following language: "We convey title to Grantee subject to a life estate in the surviving Grantor". However, John does not record the deed with the county register of deeds. George and Martha, forgetting about their deed to John Custis, decide to deed Mt. Vernon outright to General Lafayette, who promptly records the deed with the county register of deeds and agrees to allow George and Martha to live out their lives at Mt. Vernon. Upon hearing about the deed to Lafayette, John races to the courthouse and records his deed. George dies, followed by Martha. Who owns Mt. Vernon? a. John, because Mt. Vernon was conveyed in writing to him before it was conveyed to Lafayette b. Lafayette, because Virginia is a race title state and Lafayette recorded his deed first giving him a superior title to John The Chatham County Board of Commissioners recently passed a zoning ordinance that requires all new poultry houses be built behind a tree buffer when within 2000 feet of a residence on an adjoining parcel. Pink Floyd, a local welder who does not farm or raise chickens, is upset about the government overreach of such an ordinance and is concerned it may open the door for more government regulation in rural areas. Pink files for an injunction against the ordinance claiming that Chatham County lacks the authority under state law to issue such an ordinance. Chatham County files a motion to dismiss. You are the Chatham County Superior Court judge assigned to the case, how will you rule and why? a) Motion to dismiss denied because plaintiff has a good point b) Motion to dismiss granted, because plaintiff has made no allegation that the ordinance causes him a particularized and non-theoretical injury c)Motion to dismiss denied, because North Carolina's Right to Farm statute, N.C.G.S. $107- 600 et seq., declares that "It is the declared policy of the State to conserve and protect and encourage the development and improvement of its agricultural land and forestland for the production of food, fiber, and other products." (Question 2) George and Martha Washington, a married couple in Virginia, jointly own Mt. Vernon and execute a deed describing Mt. Vernon to Martha's son John Custis with the following language: "We convey title to Grantee subject to a life estate in the surviving Grantor". However, John does not record the deed with the county register of deeds. George and Martha, forgetting about their deed to John Custis, decide to deed Mt. Vernon outright to General Lafayette, who promptly records the deed with the county register of deeds and agrees to allow George and Martha to live out their lives at Mt. Vernon. Upon hearing about the deed to Lafayette, John races to the courthouse and records his deed. George dies, followed by Martha. Who owns Mt. Vernon? a. John, because Mt. Vernon was conveyed in writing to him before it was conveyed to Lafayette b. Lafayette, because Virginia is a race title state and Lafayette recorded his deed first giving him a superior title to John
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Related Book For
Accounting for Governmental and Nonprofit Entities
ISBN: ?978-0073379609
15th Edition
Authors: Earl R. Wilson, Jacqueline L Reck, Susan C Kattelus
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