{ "id": 4166366, "name": "JERRY ALAN REESE, Plaintiff v. THE CITY OF CHARLOTTE and MECKLENBURG COUNTY, NORTH CAROLINA, Defendants", "name_abbreviation": "Reese v. City of Charlotte", "decision_date": "2009-05-05", "docket_number": "No. COA08-398", "first_page": "557", "last_page": "567", "citations": [ { "type": "official", "cite": "196 N.C. App. 557" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "255 N.C. 177", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567886 ], "opinion_index": -1, "case_paths": [ "/nc/255/0177-01" ] }, { "cite": "652 S.E.2d 701", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12639742 ], "year": 2007, "pin_cites": [ { "page": "708" } ], "opinion_index": 0, "case_paths": [ "/se2d/652/0701-01" ] }, { "cite": "659 S.E.2d 762", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12640826 ], "weight": 5, "year": 2008, "pin_cites": [ { "page": "764" }, { "page": "765", "parenthetical": "2008" }, { "parenthetical": "citation and internal quotations omitted" }, { "page": "766" } ], "opinion_index": 0, "case_paths": [ "/se2d/659/0762-01" ] }, { "cite": "249 S.E.2d 804", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "295 N.C. 735", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569197, 8569107, 8569141, 8569020, 8569054 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/nc/295/0735-05", "/nc/295/0735-03", "/nc/295/0735-04", "/nc/295/0735-01", "/nc/295/0735-02" ] }, { "cite": "248 S.E.2d 103", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1978, "pin_cites": [ { "page": "108" } ], "opinion_index": 0 }, { "cite": "38 N.C. App. 310", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8553539 ], "year": 1978, "pin_cites": [ { "page": "316" } ], "opinion_index": 0, "case_paths": [ "/nc-app/38/0310-01" ] }, { "cite": "294 S.E.2d 377", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "pin_cites": [ { "page": "378" } ], "opinion_index": 0 }, { "cite": "58 N.C. App. 748", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526177 ], "year": 1982, "pin_cites": [ { "page": "750" } ], "opinion_index": 0, "case_paths": [ "/nc-app/58/0748-01" ] }, { "cite": "120 S.E.2d 448", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1961, "opinion_index": 0 }, { "cite": "N.C. Gen. Stat. \u00a7 160-266", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "opinion_index": 0 }, { "cite": "187 N.C. App. 198", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8373281 ], "year": 2007, "pin_cites": [ { "page": "205" } ], "opinion_index": 0, "case_paths": [ "/nc-app/187/0198-01" ] }, { "cite": "189 N.C. App. 755", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4156804 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "757" }, { "page": "759" } ], "opinion_index": 0, "case_paths": [ "/nc-app/189/0755-01" ] }, { "cite": "255 N.C. 177", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567886 ], "opinion_index": 0, "case_paths": [ "/nc/255/0177-01" ] } ], "analysis": { "cardinality": 893, "char_count": 23937, "ocr_confidence": 0.731, "pagerank": { "raw": 7.189145069632814e-08, "percentile": 0.43020809321315645 }, "sha256": "5d46bbb960cd2613da95d23882498626203f84497169b4d2a81ccb88125fc589", "simhash": "1:8f2b942af60d5659", "word_count": 3722 }, "last_updated": "2023-07-14T15:08:58.268450+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges JACKSON and STROUD concur." ], "parties": [ "JERRY ALAN REESE, Plaintiff v. THE CITY OF CHARLOTTE and MECKLENBURG COUNTY, NORTH CAROLINA, Defendants" ], "opinions": [ { "text": "STEELMAN, Judge.\nThe trial court properly considered attachments to documents referred to in plaintiff\u2019s complaint in deciding defendants\u2019 Rule 12(c) motion to dismiss. The transactions encompassed by an Interlocal Cooperation Agreement between the City of Charlotte and Mecklenburg County were authorized by the General Statutes and Local Acts of the North Carolina General Assembly. Plaintiff\u2019s constitutional claims were based upon a unilateral expectation of a property interest and were properly dismissed. The trial court did not abuse its discretion in denying plaintiff\u2019s motion to strike.\nI. Factual and Procedural Background\nIn January 2007, Mecklenburg County (County) entered into a Memorandum of Understanding with Cornerstone Real Estate Ad-visors, Inc. (Cornerstone) pertaining to the development and construction of Brooklyn Village, a mixed-use development to be located in Second Ward of the City of Charlotte. The Memorandum recited that County \u201cowns or is in the process of acquiring 493,971 square feet of land located in Second Ward bounded by South McDowell Street, Third Street, Second Street, and the First Baptist Church property!.]\u201d County agreed to swap a portion of this property for property owned by Cornerstone\u2019s parent company, with the balance of the land being retained by County for development as an urban park. The 493,971 square feet of property consists of two parcels: (1) a 5.91 acre parcel owned by the Charlotte-Mecklenburg Board of Education, and (2) Marshall Park, a 5.432 acre parcel owned by the City of Charlotte (City).\nOn 1 May 2007, the Mecklenburg County Board of Commissioners adopted a resolution approving an Interlocal Cooperation Agreement with the City of Charlotte and authorizing its Chair to execute the Agreement. On 14 May 2007, the Charlotte City Council adopted a resolution approving the Interlocal Agreement with Mecklenburg County and authorizing its officials to execute the Interlocal Agreement. The Interlocal Agreement was subsequently executed by both parties and referenced the Memorandum of Understanding between County and Cornerstone. It further referenced N.C. Gen. Stat. \u00a7 160A-274 as the authority for City and County to enter into the Interlocal Agreement. Under the terms of the Interlocal Agreement, City would convey to County the Marshall Park property and the Spirit Square property.\nPlaintiff commenced this action (Mecklenburg County case 07-CVS-9577) by filing a summons and notice of lis pendens on the Marshall Park property on 15 May 2007. Plaintiff\u2019s complaint was filed on 4 June 2007 and asserted six claims for relief as follows: (1) for a declaratory judgment that the Interlocal Agreement was not a joint undertaking and was thus unlawful; (2) for a declaratory judgment that City disposed of the Marshall Park property in a manner not permitted by law; (3) for a declaratory judgment that City abused its discretion by disposing of the Marshall Park property in a hasty and ill-conceived manner; (4) for a declaratory judgment that County\u2019s acquisition of the Marshall Park property was not authorized by law; (5) for a declaratory judgment that the actions of City and County violated plaintiff\u2019s rights to due process and equal protection; and (6) for a preliminary and permanent injunction prohibiting City from transferring the Marshall Park property to County.\nOn 31 May 2007, plaintiff filed a complaint (Mecklenburg County case 07-CVS-9577) seeking to prohibit the Charlotte-Mecklenburg County Board of Education from conveying property adjoining the Marshall Park property to County as part of the Brooklyn Village project. Plaintiff also filed a notice of lis pendens on the property of the Board of Education. On 11 July 2007, the Chief Justice designated both cases as \u201cexceptional\u201d cases pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts (2007).\nDefendants filed answers to plaintiff\u2019s complaint, denying the material allegations contained therein, and attached to their answers a number of exhibits. On 3 August 2007, defendants in both lawsuits filed motions to strike plaintiff\u2019s notice of lis pendens and for judgment on the pleadings pursuant to Rule 12(c) of the North Carolina Rules of Civil Procedure. On 17 September 2007, plaintiff filed a motion to strike a portion of the answers of City and County pursuant to Rule 12 (f) of the North Carolina Rules of Civil Procedure.\nOn 12 October 2007, the trial court filed an order encompassing both lawsuits that granted defendants\u2019 motions for judgment on the pleadings and dismissing both of plaintiff\u2019s motions. Defendants\u2019 motions to cancel the notice of lis pendens were also granted, and plaintiff\u2019s motion to strike was denied.\nPlaintiff appeals.\nII. Consideration of Documents Not Attached to Complaint\nIn his first argument, plaintiff contends that the trial court erred in considering certain exhibits attached to both answers of City and County. We disagree.\nCity and County attached to their answers copies of certain documents. These were: (1) the Interlocal Cooperation Agreement with attachments A through K; (2) Memorandum of Understanding for the Development of Brooklyn Village; (3) Resolution of City Authorizing Execution of the Interlocal Cooperation Agreement; and (4) Resolution of County Authorizing Execution of the Interlocal Cooperation Agreement. Plaintiff acknowledges that each of these four documents were referenced in his complaint but argues that attachments C through K to the Interlocal Agreement were improperly considered by the trial court because they were not specifically referenced in the complaint. He also argues that these documents \u201cmay have not been available to Reese at the time the Complaint was filed.\u201d Plaintiff contends that by considering matters outside of the pleadings, the trial court converted defendant\u2019s Rule 12(c) motion into a Rule 56 motion for summary judgment, and he was entitled to respond to the motion and conduct discovery before the motion was heard.\nWe review the trial court\u2019s granting of a Rule 12(c) motion de novo. Carpenter v. Carpenter, 189 N.C. App. 755, 757, 659 S.E.2d 762, 764 (2008). A \u201cdocument attached to the moving party\u2019s pleading may not be considered in connection with a Rule 12(c) motion unless the non-moving party has made admissions regarding the document.\u201d Weaver v. Saint Joseph of the Pines, Inc., 187 N.C. App. 198, 205, 652 S.E.2d 701, 708 (2007).\nIn the instant case, plaintiff\u2019s complaint specifically referred to the Interlocal Agreement. Indeed, many of his claims are based upon the alleged invalidity of the Interlocal Agreement. The Interlocal Agreement specifically refers to each of the attachments A through K. The attachments are an integral part of the agreement. It is disingenuous for plaintiff to argue that since he did not specifically refer to every attachment in his complaint that they were not properly before the trial court upon defendant\u2019s Rule 12(c) motion. We hold that by referencing the agreement in his complaint, plaintiff placed the entire agreement, including all referenced attachments, before the trial court for consideration of the Rule 12(c) motion. Plaintiff\u2019s vague contention that the attachments C through K \u201cmay have not been available\u201d is unavailing.\nThis argument is without merit.\nIII. Dismissal of Plaintiff\u2019s Claims\nIn his second and third arguments, plaintiff contends that the trial court erred in dismissing the first five claims for relief set forth in his complaint. We disagree and address each of plaintiff\u2019s claims in turn.\nA. First Claim \u2014 Validity of Interlocal Agreement Under Article 20 of Chapter 160A\n\u00a7160A-461. Interlocal cooperation authorized.\nAny unit of local government in this State and any one or more other units of local government in this State or any other state (to the extent permitted by the laws of the other state) may enter into contracts or agreements with each other in order to execute any undertaking. The contracts and agreements shall be of reasonable duration, as determined by the participating units, and shall be ratified by resolution of the governing board of each unit spread upon its minutes.\nN.C. Gen. Stat. \u00a7 160A-461 (2007).\n\u00a7160A-460. Definitions.\n(1) \u201cUndertaking\u201d means the joint exercise by two or more units of local government, or the contractual exercise by one unit for one or more other units, of any power, function, public enterprise, right, privilege, or immunity of local government.\nN.C. Gen. Stat. \u00a7 160A-460(1) (2007).\nPlaintiff contends that the Interlocal Agreement does not constitute a joint exercise by City and County and fails to meet the requirements of an \u201cundertaking\u201d as set forth in N.C. Gen. Stat. \u00a7 160A-460. Plaintiffs argument is that the Interlocal Agreement is \u201cactually a severance of certain public enterprises, Spirit Square and the Cultural Facilities.\u201d He further contends that when all of the land swaps and severance of interests take place, there will be no joint undertakings between City and County.\nPlaintiffs reading of these statutes is too narrow. The Interlocal Agreement recites its ultimate purposes:\nWHEREAS, both the City and County support the concept proposed by County Manager Harry Jones in his letter to Pam Syfert dated November 2, 2006 which is attached as Attachment C (the \u201cConcept\u201d), which would result in 1) a site for a park in the Third Ward of Center City Charlotte with connection to South Tryon Street; 2) implementation of the first phase of the Second Ward Master Plan in accordance with the Vision Statement and Master Plan attached as Attachment D (referred to as \u201cBrooklyn Village\u201d); and 3) development of a new stadium for the Charlotte Knights\u2019 minor league baseball team on a site in the Third Ward of Center City Charlotte, and wish to enter into this Agreement to assist each other in the accomplishment of these goals, which would advance or further City and County economic development, urban revitalization, community development and land use plans[.]\nWHEREAS, pursuant to the Concept, the City desires to convey certain real property to the County at no cost to the County to assist in both the development of Brooklyn Village, a Third Ward park and development of a minor league baseball stadium in Center City Charlotte; and\nWHEREAS, the County desires to assign its future ownership interest in the Wachovia Cultural Facilities to the City at no cost to the City[.]\nThese recitals clearly demonstrate an undertaking by City and County to achieve the specific government-related goals of development of an urban park, a mixed-use, residential-commercial community in Second Ward (Brooklyn Village), a baseball stadium in Third Ward, and sale of Spirit Square to fund infrastructure improvements for the baseball facility. All of these projects are designed to foster economic development within City and County. We reject plaintiffs arguments that N.C. Gen. Stat. \u00a7 160A-460 requires some sort of ongoing joint undertaking on the part of local government entities. The statute authorizes agreements \u201cin order to execute any undertaking.\u201d This is very broad language, which authorizes the undertakings embodied in the Interlocal Agreement. The severance of City and County\u2019s relationships as to Spirit Square and the Wachovia Cultural Facilities does not affect this holding. The power of governmental entities to engage in joint undertakings of necessity brings with it the power to sever such relationships.\nWe also note that the Interlocal Agreement specifically cites as additional authority the provisions of N.C. Gen. Stat. \u00a7 160A-274. This statute provides:\n(b) Any governmental unit may, upon such terms and conditions as it deems wise, with or without consideration, exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest in real or personal property.\nN.C. Gen. Stat. \u00a7 160A-274(b) (2007).\nWe hold that this provision constitutes additional statutory authority for the Interlocal Agreement between City and County, in particular the provision allowing for disposition without consideration.\nThis argument is without merit.\nB. Second Claim\u2014Alleged Unlawful Disposition of Property by City under 160A-266\n\u00a7160A-266. Methods of Sale; limitation.\n(a) Subject to the limitations prescribed in subsection (b) of this section, and according to the procedures prescribed in this Article, a city may dispose of real or personal property belonging to the city by:\n(1) Private negotiation and sale;\n(2) Advertisement for sealed bids;\n(3) Negotiated offer, advertisement, and upset bid;\n(4) Public auction; or\n(5) Exchange.\nN.C. Gen. Stat. \u00a7 160A-266(a) (2007).\nPlaintiff alleged in his complaint that ultimately City property will end up in private hands without compliance with the provisions of N.C. Gen. Stat. \u00a7 160A-266. He alleges that \u201cabsent special legislation, the disposition of real property is not authorized by private negotiation and sale ....\u201d There is special legislation authorizing the ultimate disposition by County. First, Session Law 2000-21 revised and consolidated the Charter of the City of Charlotte. Section 8.22(d) of the Charter provides:\n(d) When the Council determines that a sale or disposition of property will advance or further any Council-adopted economic development, transportation, urban revitalization, community development, or land-use plan or policy, the City may, in addition to other authorized means, sell, exchange, or transfer the fee or any lesser interest in real property, either by public sale or by negotiated private sale.\nWhile City is not directly disposing of any property by direct private sale, this charter provision provides authority for City\u2019s actions based on plaintiff\u2019s argument that the Interlocal Agreement was a sham transaction designed tocircumvent the provisions of N.C. Gen. Stat. \u00a7 160A-266.\nIn addition, Session Laws 2000-65 and 2007-33 specifically amended N.C. Gen. Stat. \u00a7 160-266 as it applied to Mecklenburg County to authorize private sales using the identical language contained in section 8.22(d) of the City of Charlotte Charter. Based upon the recitals in the Interlocal Agreement showing that the purpose was to achieve the goals of economic development, urban revitalization, and community development, and the language of Session. Law 2000-65 leaving the determination of whether the transaction advances or furthers to the Board of County Commissioners, we hold that the Interlocal Agreement between City and County, and its contemplated transfers, did not violate the provisions of N.C. Gen. Stat. \u00a7 160A-266.\nThis argument is without merit.\nC. Third Claim \u2014 Alleged Abuse of Discretion bv City\nPlaintiff\u2019s complaint alleged that City manifestly abused its discretion by hastily arranging for approval of the Interlocal Agreement, failing to adopt a formal plan for the disposition of Marshall Park, failing to consider alternative dispositions of Marshall Park, not engaging a consultant or real estate broker, failing to issue a Request for Proposal to gauge interest from other parties in the Marshall Park property, and allowing County to , pressure it into the Interlocal Agreement without having first thoroughly analyzed the potential value of the Marshall Park property. He contends that this stated a valid claim under Barbour v. Carteret County, 255 N.C. 177, 120 S.E.2d 448 (1961). We disagree.\nThis argument was also raised in the companion case of Reese v. Charlotte-Mecklenburg Bd. of Educ., 196 N.C. App. -, - S.E.2d - (2009). The complaint in the instant case fails to allege that public officials acted to enrich themselves or in wanton disregard of the public good. As discussed in the companion case, plaintiff\u2019s complaint failed to satisfy the pleading requirements of Barbour.\nFurther, we note that the complaint and the documents referenced therein reveal that these transactions had been proposed in November of 2006 and were not \u201chastily arranged.\u201d The documents further reveal that City was to receive property valued at $29,500,000.00 in exchange for properties valued at $23,232,000.00 exclusive of the interest in Spirit Square. Plaintiff\u2019s complaint \u201cstates merely conclusory allegations of grievances and offers no indication of the existence of facts which, if proven, would permit a finding of fraud, manifest abuse of discretion, or unlawful conduct.\u201d Alamance County v. Dept. of Human Resources, 58 N.C. App. 748, 750, 294 S.E.2d 377, 378 (1982).\nThis argument is without merit.\nD. Fourth Claim \u2014 Dismissal of Claims Against Mecklenburg County\nPlaintiffs complaint alleges that County was not acquiring the property from City for its own use but was acting as a strawmah for the property to eventually be transferred to Cornerstone and Spectrum. He argues on appeal that N.C. Gen. Stat. \u00a7 153A-158 restricts County to the acquisition of property \u201cfor use by the county\u201d or its agencies and does not permit acquisition for the subsequent transfer to a private party. See N.C. Gen. Stat. \u00a7 153A-158 (2007). We disagree.\nThis argument is virtually identical to the third argument discussed in our opinion in Reese v. Charlotte-Mecklenburg Bd. of Educ., 196 N.C. App. -, - S.E.2d- (2009). For the reasons stated in that opinion, we hold this argument is without merit.\nE. Fifth Claim \u2014 Due Process and Equal Protection\nIn his fifth claim, plaintiff asserts that the actions of defendants violated his rights of due process and equal protection under the United States and North Carolina Constitutions. Specifically, plaintiff contends that he was deprived of his \u201cprivilege of contracting.\u201d We disagree.\nThis same argument was raised and discussed as plaintiff\u2019s Sixth Claim in our opinion in Reese v. Charlotte-Mecklenburg Bd. of Educ., 196 N.C. App. -, - S.E.2d - (2009). For the reasons stated in that opinion, we hold that this argument is without merit.\nIV. Denial of Motion to Strike\nIn his fourth argument, plaintiff contends that the trial court erred in denying his motion to strike portions of defendants\u2019 answer. We disagree.\nPlaintiff\u2019s complaint contains lengthy sections dealing with parties, jurisdiction, venue, and standing; procedure; and background facts. Defendants\u2019 answers contain a section styled as \u201cOverview,\u201d which address plaintiff\u2019s standing to bring the action and questions the right of plaintiff to seek to have the courts act as a de facto receiver for the public properties at issue. Plaintiffs motion to strike is directed to the \u201cOverview\u201d portion of each answer.\n\u201cRule 12(f) of the North Carolina Rules of Civil Procedure, allows the court to strike \u2018from any pleading any insufficient defense or any redundant, irrelevant, immaterial, impertinent, or scandalous matter.\u2019 \u201d Carpenter, 189 N.C. App. at 759, 659 S.E.2d at 765 (2008) (quoting N.C.R. Civ. P. 12(f) (2005)). Rule 12(f) motions are \u201caddressed to the sound discretion of the trial court and its ruling will not be disturbed absent an abuse of discretion.\u201d Id. (citation and internal quotations omitted). \u201c \u2018 Matter should not be stricken unless it has no possible bearing upon the litigation. If there is any question as to whether an issue may arise, the motion [to strike] should be denied.\u2019 \u201d Id., 659 S.E.2d at 766 (quoting Shellhorn v. Brad Ragan, Inc., 38 N.C. App. 310, 316, 248 S.E.2d 103, 108, disc. review denied, 295 N.C. 735, 249 S.E.2d 804 (1978)).\nThe trial court held that:\nThe \u2018Overview\u2019 asserts, in words or substance, that the actions of the defendants are lawful, and characterize the relief that plaintiff seeks as efforts to have the courts supervise the activities of governmental units. These parts are sufficiently related to the allegations of the complaints that [the] motion to strike should be denied.\nWe discern no abuse of discretion on the part of the trial court in denying plaintiff\u2019s motion to strike.\nThis argument is without merit.\nV. Conclusion\nThe trial court properly considered the documents referenced in plaintiff\u2019s complaint in hearing defendants\u2019 Rule 12(c) motion to dismiss. The trial court did not err in granting defendants\u2019 motions and dismissing plaintiff\u2019s complaint. The trial court did not abuse its discretion in denying plaintiff\u2019s motion to strike.\nAFFIRMED.\nJudges JACKSON and STROUD concur.\n. Section 8-22(d) of the City of Charlotte charter does not require ten days public notice prior to the adoption of the resolution authorizing a private sale. Plaintiff made no allegation of lack of notice. Further, paragraph 40 of plaintiffs complaint alleges that on 9 January 2007, plaintiff wrote to the City Manager requesting an opportunity to bid on the Marshall Park property. This was several months prior to the adoption of the resolution authorizing the Interlocal Agreement.", "type": "majority", "author": "STEELMAN, Judge." } ], "attorneys": [ "Jerry Alan Reese, pro se.", "Womble Carlyle Sandridge & Rice, PLLC, by James P Cooney III, and G. Michael Barnhill, for defendant Mecklenburg County.", "Robert E. Hageman, Senior Assistant City Attorney for defendant City of Charlotte." ], "corrections": "", "head_matter": "JERRY ALAN REESE, Plaintiff v. THE CITY OF CHARLOTTE and MECKLENBURG COUNTY, NORTH CAROLINA, Defendants\nNo. COA08-398\n(Filed 5 May 2009)\n1. Pleadings\u2014 motion for judgment on \u2014 attachments to documents\nThe trial court did not err on a Rule 12 (c) motion for judgment on the pleadings by considering attachments to a document (the Interlocal Cooperation Agreement) which was itself attached to defendants\u2019 answer. By referencing the agreement in his \u25a0 complaint, plaintiff placed the entire agreement before the court, including the attachments.\n2. Cities and Towns; Counties\u2014 transfer of land \u2014 economic development \u2014 requirements for undertaking \u2014 severance of relationships\nAn Interlocal Agreement between a city and county involving the transfer of land designed to foster economic development met the requirements for an undertaking in N.C.G.S. \u00a7 160A-460. The power to engage in joint undertakings of necessity includes the power to sever such relationships.\n3. Cities and Towns; Counties\u2014 transfer of property for economic development \u2014 private ownership\nAn Interlocal Agreement between a city and county transferring property for economic development did not violate the provisions of N.C.G.S. \u00a7 160A-266. While plaintiff alleged that city property will end up in private hands without compliance with statutory provisions, there is special- legislation authorizing the action in the city charter and amendments to the Session Laws.\n4. Cities and Towns; Counties\u2014 economic development\u2014 alleged abuse of discretion \u2014 pleading not sufficient\nA complaint alleging that an economic development project involving the city and county was an abuse of discretion did not meet the pleading requirements of Barbour v. Carteret County, 255 N.C. 177, because the complaint did not allege that public-officials acted to enrich themselves or in wanton disregard of the public good. Furthermore, the complaint stated merely conclusory allegations.\n5. Cities and Towns; Counties\u2014 economic development project \u2014 strawman transfer\nA claim that an economic development project involving a city and county was a strawman for the transfer of property to private entities was without merit.\n6. Cities and Towns; Counties\u2014 economic development \u2014 constitutional issues\nConstitutional claims arising from an economic development project were without merit.\n7. Pleadings\u2014 motions to strike \u2014 denial\u2014no abuse of discretion\nThe trial court did not abuse its discretion by denying plaintiffs motion to strike portions of defendants\u2019 answer where the trial court held that the relevant portions of defendants\u2019 pleadings were an assertion that their actions were lawful and that plaintiff was seeking to have the courts supervise the activities of governmental units.\nAppeal by plaintiff from judgment entered 12 October 2007 by Judge Lindsay R. Davis, Jr., in Mecklenburg County Superior Court. Heard in the Court of Appeals 24 September 2008.\nJerry Alan Reese, pro se.\nWomble Carlyle Sandridge & Rice, PLLC, by James P Cooney III, and G. Michael Barnhill, for defendant Mecklenburg County.\nRobert E. Hageman, Senior Assistant City Attorney for defendant City of Charlotte." }, "file_name": "0557-01", "first_page_order": 585, "last_page_order": 595 }