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N.C. Gen. Stat. § 143-318.16

Injunctive relief against violations of Article

Applied in 4 court decisions — leading case 191 N.C. App. 581 - Free Spirit Aviation, Inc. v. Rutherford Airport Authority (2008)

Most recently applied in Garlock v. WAKE COUNTY BD. OF EDUC. (April 2011)

1979, c. 655, s. 1; 1985 (Reg

How often courts cite this section

20082010201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The General Court of Justice has jurisdiction to enter mandatory or prohibitory injunctions to enjoin (i) threatened violations of this Article, (ii) the recurrence of past violations of this Article, or (iii) continuing violations of this Article. Any person may bring an action in the appropriate division of the General Court of Justice seeking such an injunction; and the plaintiff need not allege or prove special damage different from that suffered by the public at large. It is not a defense to such an action that there is an adequate remedy at law.

(b) Any injunction entered pursuant to this section shall describe the acts enjoined with reference to the violations of this Article that have been proved in the action.

(c) Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 932, s. 3, effective October 1, 1986.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.