Point South Association has dropped its lawsuit against the city of Greensboro for overcharging it to the tune of $68,000 for dumpster service.
Point South brought the lawsuit claiming that it had overpaid its dumpster service fee from 2007 to 2019 and had not been reimbursed. The city had refunded $11,520 to the homeowners association and said that was all the city would pay.
Point South is a condominium development at 2618 Randleman Road where the condos currently for sale range in price from $32,000 to $45,000.
City Attorney Chuck Watts said that because of the statute of limitations, all the city could legally refund was for two years overpayment, which is what the city did. He said, “My job is to follow the law.”
The attorney for Point South, Chuck Winfree, stated in the lawsuit that the overpayment could be considered a “constructive trust” in which case the statute of limitations would not apply, but NC Superior Court Judge Richard Gottlieb ruled that the statute of limitations did apply.
Winfree said his clients decided not to appeal the court’s decision and asked for the case against the city to be dismissed, but would continue the lawsuit against Homeowners Management Co., which was managing the accounts for the Point South Association.
The case against the city was further muddled by the fact that the city had entered into an agreement with Point South before paying the $11,520. However, Point South never signed the agreement.
Watts said that by accepting and cashing the check, Point South had entered into the agreement whether there was a signature on the agreement or not.
Watts said, “We believe we have a valid and enforceable agreement.”
There is also dispute about how many dumpsters were involved, but there does seem to be agreement that the Point South did for a number of years pay the city to empty a dumpster that didn’t exist.
Watts said that the emoluments clause of the North Carolina Constitution prohibited the city from paying out sums just because it seems like a good idea. He said, “We’re just trying to comply with the law.”