Parker Poe

• Litigated and advised clients on:
  • Claims for fraud, unfair and deceptive trade practices, breach of fiduciary duty, breach of contract, and tortious interference with contract.
  • Rights and obligations flowing between companies and their officers, shareholders, and members.
  • Real property issues, including issues concerning title, easements, purchase agreements, leases, adverse possession, and property rights.
  • Cases arising out of asset purchase agreements, non-solicitation and noncompete covenants, bylaws, operating agreements, and other commercial documents.
• Represented clients in a wide range of industries, including homebuilding, real estate and development, construction, homeowners' associations, transportation, and manufacturing.

Representative Cases

• Represented real estate developer seeking a determination that restrictive covenants in chain of title were extinguished by the Marketable Title Act. On summary judgment, the trial court held that the restrictive covenants were extinguished, which was affirmed by the North Carolina Court of Appeals and Supreme Court.
• Represented private club in lawsuit alleging that club improperly charged fees to its members. The North Carolina Business Court held that the private club was permitted to charge such fees pursuant to its bylaws and dismissed the plaintiffs’ complaint with prejudice.
• Prevailed on motion to stay litigation pending arbitration in breach of fiduciary duty litigation before the North Carolina Business Court. 
• Obtained dismissal of litigation alleging that public-private partnership with developer violated the North Carolina Constitution. 
• Represented landowner in dispute brought to enforce an option agreement to purchase property. The Court of Appeals upheld the trial court's dismissal of the complaint on the ground that the option holder had failed to timely exercise the option to purchase by the date specified in the agreement. 
• Represented a property owner and developer in the first Torrens title action in Mecklenburg to cause clear title to be issued for a property with broken chain of title when heirs of last known property owner could not be located. 
• Obtained dismissal of action to void amendments to declaration of covenants, conditions, and restrictions changing minimum square footage and exterior materials requirements. Plaintiff contended the changes were unreasonable in violation of the North Carolina Supreme Court's Armstrong v. Ledges HOA ruling. 
• Obtained summary judgment in favor of homebuilder dismissing the plaintiffs’ claims for violation of North Carolina Sedimentation and Pollution Control Act, Landfill Act, negligence, breach of contract, and breach of implied warranties arising out of erosion of slope next to plaintiff’s house.
• Obtained summary judgment dismissing claims by group of homeowners that homebuilders misrepresented setbacks and neighborhood amenities. 
• Obtained defense verdict at trial in which the plaintiff alleged that transportation broker breached its standard of care related to damaged freight. 
• Obtained defense verdict at trial in litigation filed by shareholder against the company in which he held shares.
• Defended property owners in lawsuit alleging that their property was a publicly dedicated street. The parties settled after examination of the plaintiffs’ witnesses at trial. 
• Represented property owners bringing claims against contractor for negligent construction, fraud, fraudulent transfer, and unfair and deceptive trade practices. The parties resolved the dispute by settlement after we presented our case to the jury at trial. 
• Represented contractor that purchased assets of a business pursuant to an asset purchase agreement. We filed claims for breach of non-solicitation and noncompete provisions in the asset purchase agreement, conspiracy, tortious interference with contract, and unfair and deceptive trade practices. On our motion for sanctions, the court ruled that the seller and its principal were prohibited from introducing any evidence related to their claims and defenses. Thereafter, the parties settled. 

• The Best Lawyers in America in Real Estate Litigation, 2023-2024
• Business North Carolina magazine’s “Legal Elite” in Litigation, 2023-2024
• Charlotte Business Journal's 40 Under 40, 2021
• Benchmark Litigation, Future Star in North Carolina, 2018-2024
• North Carolina Super Lawyers SuperLawyer, 2024; Rising Star, 2013-2021