Willowmere Community Ass’n v. City of Charlotte

by
A showing of strict compliance with a corporate entity’s internal bylaws and governance procedures is not necessary for that entity to invoke the jurisdiction of the General Court of Justice.Plaintiffs, non-profit corporations representing homeowners in certain residential communities located in the City of Charlotte, instituted this litigation challenging the validity of a zoning ordinance enacted by the City. The trial court granted Defendants’ motions for summary judgment, concluding that Plaintiffs lacked standing to bring their claims because they failed to comply with various provisions in their corporate bylaws when they initiated this litigation. The court of appeals affirmed. The Supreme Court reversed, holding that, despite Plaintiffs’ failure to comply strictly with their respective bylaws and internal governance procedures in deciding to initiate this suit, they possessed a “sufficient stake in an otherwise justiciable controversy” to confer jurisdiction on the trial court to adjudicate this legal dispute. View "Willowmere Community Ass'n v. City of Charlotte" on Justia Law