Our thoughts

11
Nov 2019
Join us for cold brews and policy news Introducing Policy on Tap, a new quarterly discussion series highlighting topics that matter to our business community. We'll delve into issues like infrastructure and affordable housing with insights from key leaders and experts.
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11
Nov 2019
Downtown’s newest brewery and Allen Stahl + Kilbourne client, DSSOLVR (63 N. Lexington Ave.), will open its doors on Fri., Dec. 13. From 5-10 p.m., the 24-tap bar + production facility will host a celebration with DSSOLVR beers on draft + packaged products a
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15
Oct 2019
askLAW prtner Derek Allen is speaking at the Nortrh Carolina Craft Brewers Conference in a panel discussion on:  "Crafting Your Support Team". This panel will be geared toward young and in-planning breweries, and will be a discussion moderated by Mickey Fanney of ABS Commercial, and in
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09
Jul 2019
James W. Kilbourne, Jr. SEMINAR PRESENTATIONS Speaker, "Trust Accounting Rules," Professionalism for New Admittees, 28th District Bar, Asheville, North Carolina, October 2017 Moderator, "When a Tie is a Win: Dollar General v. Mississippi Band of Choctaw Indians and Issues of Tribal Jurisdiction f
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09
Jul 2019
James W. Kilbourne, Jr. REPORTED CASES United States v. Plemmons, __ Fed. Appx. __, 2019 U.S. App. LEXIS 15144, 2019 WL 2207516 [unpublished] (United States Court of Appeals for the Fourth Circuit, May 22, 2019). United States v. McCoy, 895 F.3d 358 (United States Court of Appeals for the F
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15
Jan 2015
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Our downstairs neighbor, Table, and nearly 40 other local restaurants are participating in Asheville Restaurant Week, taking place January 20-29, 2015, and presented by the Asheville Area Chamber of Commerce.
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05
Jan 2015
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Asheville’s hospitality and tourism industries continue to thrive, and we are thrilled to be a part of it.  The year 2014 brought significant growth in the hospitality industry, and we expect 2015 to continue on that same trajectory. 
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10
Oct 2014
After commentators spent most of the week watching the Middle District of North Carolina and the two cases in front of Judge Osteen, it was Judge Max O. Cogburn in the Western District of North Carolina who entered the formal order shortly after 5:00pm this evening determining "that North Carolina
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01
Oct 2014
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Our law firm proudly took part, acting as the local counsel for the victims of the CTS contamination in the case Waldburger et al vs. CTS that was recently decided by the United States Supreme Court. Unfortunately the Court did not rule in our favor and reversed the lower court’s decision. Our hea
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18
Sep 2014
This a relatively unique set of facts, but one that is occurring more often over the last several years.  The property owner and chapter 7 debtor was the record owner of the lot encumbered by a judgment lien transferred from Florida.  In the Chapter 7 petition, the debtor indicated his int
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03
Sep 2014
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The North Carolina Court of Appeals confirmed yesterday that a decision binding a property owners’ association is not binding on the individual lot owners who were not a part of the underlying litigation.  The Court’s decision in Hedgepeth v. Parker’s Landing Property Owners Association,
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19
Aug 2014
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A New York appellate court recently affirmed the trial court’s decision granting summary judgment in favor of Defendant, Emerald Green Property Owners Association (“Association”) finding that a clear and unambiguous provision allowed the members to amend the original terms 40 years after the o
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31
Jul 2014
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As our hospitality clients know, Asheville’s downtown scene is booming and is attracting its share of new residents and tourists (including celebrities).   Whether you are serving a King's Cup to the star of Wedding Crashers or Chistora & chips to a family from Walla Walla, the owners and
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30
Jul 2014
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Judge Linda McGee, who has served on the Court of Appeals since 1995, was appointed Chief Judge of the North Carolina Court of Appeals by Chief Justice Sarah Parker effective August 1, 2014.  She replaces Chief Judge John C. Martin, who is retiring.  Judge McGee, a native of Marion, North
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29
Jul 2014
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Asheville is Hollywood East this week, as preparations for filming of the Untitled Armored Car/Loomis Fargo movie are taking place right outside of our windows.   The film is shooting in various locations in downtown Asheville on Tuesday and Wednesday, including the Mediterranean Restaurant a
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21
Jul 2014
Leaving jail in California seems to be exceptionally dangerous these days.  A few weeks after Bobby Lee Pearson was killed on the day he was acquitted on a technicality (story), Jeremy Meek was killed in Stockton an hour after his release from jail.  He was found lying in the road, reporte
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07
Jul 2014
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The legislature recently cleaned up a longstanding issue in the North Carolina Planned Community Act when it passed HB 330 (text).  This act, which is awaiting the Governor's signature, clarifies issues involving successor declarants.   When the Legislature enacted the North Carolina Pla
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02
Jul 2014
On July 1st, Dungan, Kilbourne & Stahl partner, James W. Kilbourne, Jr., assumed the chairmanship of the Communications Committee for the 28th Judicial District Bar.  Serving on the executive committee since 2013, Kilbourne will direct the Committee's efforts overseeing the Bar's website, e
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01
Jul 2014
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Earlier today, the North Carolina Senate passed SB 58 by a vote of 45-0.  SB 58 had previously passed the NC House of Representatives on Wednesday by a vote of 112-0.  The bill awaits the signature of Governor McCrory.  SB 58 (text) makes technical corrections to the CTS Clarification
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30
Jun 2014
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Some folks were very upset today at a ruling from the United States Supreme Court, so they took it out on twitter, by railing against @SCOTUSblog.   For the less informed @SCOTUSblog is not a twittersphere pronouncements of the Mighty Nine of the United States Supreme Court, who do not even a
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27
Jun 2014
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The Missouri Supreme Court has answered a question that has haunted baseball fans for generations:  When we go to the ball park are we assuming the risk of being hit on the eye by a hot dog thrown by a mascot?   In an opinion issued on June 24th, the Court ruled In the past, this Court
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26
Jun 2014
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On Monday night's episode, Sheriff Longmire of Absaroka County, Wyoming was questioning the mother of a missing murder suspect when her cell phone rang.  The Sheriff recognized a local number, and thinking it was likely the suspect, he asked for the phone.  Instead of handing it over, the
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26
Jun 2014
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This month, the North Carolina General Assembly quickly passed a law (SB 574, S.L. 2014-17) clarifying the role of the statute of repose in N.C.G.S. 1-52 (16), with the intention to provide clarification in the wake of CTS v. Waldburger (details).   The floor debate in the North Carolina Hous
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23
Jun 2014
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From the Irony Department:   The Fresno Bee reported that Bobby Lee Pearson, 37. was acquitted after the jury deadlocked 8-4 on his guilt in a California burglary case. Because the verdict forms were not clear and contained no line for "deadlocked," the jurors mistakenly signed a not guilty v
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20
Jun 2014
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Today, Governor Pat McCrory signed Senate Bill 574 into law. Having passed the house 108-0 and the Senate 49-0, this law clarifies the original intention of the North Carolina Legislature that the statute of repose in N.C.G.S. 1-52(16) should apply only to product liability cases, likely blunting th
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18
Jun 2014
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Senate Bill 574 , which clarifies that the 10 year statute of repose in N.C.G.S. 1-52(16) was not intended to apply to groundwater contamination, has been passed the NC Seante by a vote of 49-0. (Audio available here.) Having previously passed the House by a vote of 108-0, the Bill is enrolled and s
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17
Jun 2014
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According to survey results released last week from the Community Associations Institute, Americans who live in areas subject to homeowners associations are “overwhelmingly satisfied” with their communities.  Over 65 million Americans live with homeowners associations; two-thirds of those s
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17
Jun 2014
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The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, affirms that Chapter 7 bankruptcy proceedings will not discharge liens on property. This is of particular interest to associations. The court suggests that while a bankruptcy court order can discharge
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16
Jun 2014
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UPDATED 6/17 5:25PM: Senate Bill 574 which clarifies that the 10 year statute of repose in N.C.G.S. 1-52(16) was not intended to apply to groundwater contamination has been placed on the Senate calendar for June 17th re-referred to Senate Judiciary I Committee on June 17th.  The Judiciary I Com
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15
Jun 2014
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The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, carries several implications for banking and collections law in North Carolina.   Bankers will be interested in the bulk of the Dallaire opinion, which deals with determining whether a loan off
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13
Jun 2014
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Senate Bill 574 which clarifies that the 10 year statute of repose in N.C.G.S. 1-52(16) was not intended to apply to groundwater contamination has passed the North Carolina State House by a vote of 109 to 0.  The bill returns to the North Carolina State Senate next week for a vote on the House'
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13
Jun 2014
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The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, sounds a warning for consumers.   After filing a Chapter 7 bankruptcy, the borrowers in Dallaire were convinced to refinance their first and second mortgages with Bank of America. Their th
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11
Jun 2014
The State of North Carolina is hosting a reception for historically underutilized businesses on June 18th at the Governor's Mansion in Raleigh. The program will give contractors a chance to build business relationships with State Agency Project Managers, to learn about repair and renovation projects
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10
Jun 2014
How does the recent CTS decision affect your association? Similar to a statute of limitation, a statute of repose prescribes a time limit during which a suit must be filed or all right to recovery are lost. However, a statute of repose begins to run based on the occurrence of some event (i.e. when
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22
Jan 2014
Robert Dungan and Jeff Stahl of law firm Dungan, Kilbourne & Stahl and Joseph L. Anderson, of the Washington, DC law firm Pangia Law Group will host an information session for the victims of the CTS contamination. Joseph Anderson is one of the attorneys representing the plaintiff victims in the
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24
Dec 2013
One of America’s most beloved holiday movies, It’s a Wonderful Life was once in the center of a copyright controversy caused by a clerical error and resolved with a Supreme Court decision. In 1946, when It’s a Wonderful Life was filmed, U.S. copyright protection lasted 28 years and could be r
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08
Nov 2013
Recently, in response to a motion by the District Attorney in Williamson County, Tennessee, attorney Drew Justice drafted a creative response. The District Attorney suggested that the word "government" used to describe the Prosecution in a trial has negative connotations for the jury. In Response,
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28
Oct 2013
James Kilbourne of Dungan, Kilbourne & Stahl was recently elected as an officer of the Western District of North Carolina’s chapter of the Federal Bar Association in the chapter’s Annual Meeting in Charlotte. His one-year term as Secretary commences January 2014.
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28
Oct 2013
I received a call today with a question about the law of negligence in Cherokee. I thought I would share the info: Unlike the rest of North Carolina, the Eastern Band of Cherokee Indians has adopted Comparative Negligence (Cherokee Code [C.C.] § 1-19). This means the Tribal Court (and other courts
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25
Sep 2013
On September 26th, James Kilbourne of Dungan, Kilbourne & Stahl taught a CLE on technology as part 28th Judicial District Bar Professionalism For New Admittees Program. The state bar curriculum for new attorneys covers important subjects for new attorney who have are just joining the North Carol
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05
Aug 2013
If you need help collecting on an outstanding debt, contact the Dungan Law Firm for more information regarding our Creditor Bankruptcy Protection and Debt Collection services. We offer new lower-costs methods of collection as a result of recent changes to North Carolina law. Contact Robert E.
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