Motion to dismiss filed in lawsuit contesting Cherokee council raises

fr cherokeeDefendants in a lawsuit stemming from raises and backpay the Cherokee Tribal Council voted itself in October 2014 are hoping to convince a judge to dismiss the case against them.

Schools sue state for diverting education funding to inmates

schoolsSchool systems across the mountains are signing on to a lawsuit against the state to recoup hundreds of thousands of dollars that they say were improperly diverted from public school coffers.

Brasstown Possum Drop gets bad news in court

election timeBrasstown might be facing another possumless Possum Drop this year after a Wake County judge shot down the state’s motion to dismiss a lawsuit from People for the Ethical Treatment of Animals, or PETA.

Lawsuit over council pay raises makes its way to Annual Council

fr lawsuitsA year’s worth of time and a shakeup in leadership haven’t been enough to take the pay raises Cherokee Tribal Council voted itself last year out of the public eye. With a lawsuit already filed in the tribe’s court system, the impending legal battle took center stage during Annual Council last month.

Lawsuit filed against former tribal leadership

cherokeeThe day after Cherokee’s new chief and vice chief took their oaths of office, a lawsuit naming nearly all the Eastern Band of Cherokee Indians’ elected leaders from the previous term found its way to the courthouse.

Dispute over Cherokee pay raises headed for court

fr cherokeelawsuitA group of Cherokee people angry over Tribal Council’s decision last fall to give itself a 15 percent pay raise and back pay is planning to file a lawsuit against its members this month.

Fracking regulators served with lawsuit

fr frackingA section of legislation giving the Mining and Energy Commission the authority to decide which local ordinances are OK and which are not when it comes to fracking could be struck down, if a state court sides with a lawsuit recently filed by Clean Water for North Carolina.

Elections board threatens Swain with lawsuit

fr swainelections“We’re not on trial here,” said Swain Commission Chairman Paul Carson. 

But the commissioners’ meeting room did feel more like a courtroom once Board of Elections Chairman John Herrin took a seat in front of the board last week and laid out all of the paperwork to prove his case.

Landowners sue Nantahala River developer

fr mysticUpdated 1/22/20: The lawsuits between Mystic Lands landowners and developer Ami Shinitzky have since been resolved. Progess had been made on amenties and lots are still for sale. 

 

When they bought up prime lots in the Mystic Lands development in Swain County, property owners envisioned living in a peaceful setting as close to nature as they could get.

Maggie Valley mudslide lawsuit settled on the eve of trial

A lawsuit casting blame for a massive landslide in Maggie Valley four years ago was settled at the 11th hour last week.

A jury pool had been called in, a judge seated on the bench and attorneys on both sides were lined up in preparation for a trial that was two years in the making.

But a last-minute out-of-court settlement was reached between the parties and the jury sent back home.

The suit was filed by a couple whose home was in the path of the landslide. They claimed an extensive retaining wall that snaked a few hundred feet across the face of the mountain at Ghost Town in the Sky amusement park collapsed, triggering the landslide. The couple sued the engineers and builders of the wall, along with the former owners of Ghost Town, for damages.

The settlement has not yet been filed in court. See next week’s issue of The Smoky Mountain News for more on the outcome.

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