LOUIS C. SPELL, and
PHILLIP A. LEWIS
Plaintiffs,
v
.
Beaufort County
No. 05 CVS 1438
HUGH MILLS, JR., and
REBECCA P. MILLS
Defendants.
Carter, Archie, Hassell & Holbrook, L.L.P., by Sid Hassell,
Jr., for plaintiff-appellees.
Ayers, Haidt & Trabucco, P.A., by James M. Ayers, II, for
defendant-appellants.
JACKSON, Judge.
On 13 December 2005, Louis Spell and Phillip Lewis
(plaintiffs) filed a complaint and motion for preliminary
injunction seeking to have Hugh and Rebecca Mills (defendants)
remove their mobile home and storage building from plaintiffs' land
and a private road. In an order entered 28 February 2006, the
trial court granted plaintiffs' motion for preliminary injunction,
and ordered defendants to remove their mobile home and storage
building from plaintiffs' property and the private road. Defendants further were enjoined from placing anything in the
private road or the land of plaintiffs pending the trial on the
issues.
Defendants appeal from the entry of the preliminary
injunction. On 28 April 2006, this Court granted defendants'
petition for writ of supersedeas and motion for a stay of the
preliminary injunction pending the outcome of this appeal.
Defendants readily acknowledge that their appeal of the entry
of a preliminary injunction is interlocutory. See A.E.P.
Industries v. McClure, 308 N.C. 393, 400, 302 S.E.2d 754, 759
(1983); VisionAIR, Inc. v. James, 167 N.C. App. 504, 507, 606
S.E.2d 359, 361 (2004). However, defendants contend the appeal is
properly before this Court because the preliminary injunction
affects a substantial right. See N.C. Gen. Stat. §§ 1-277 and
7A-27(d)(1) (2005).
Defendants present little argument as to what substantial
right will be lost or prejudiced absent an immediate appeal from
the entry of the preliminary injunction. Defendants contend the
substantial right affected is that they have been ordered to move
their mobile home, which has been in its present location for ten
years. Defendants also argue, albeit without citation to any local
ordinance, that if they move their home, they may be barred from
placing it back on their property due to new set back requirements
and other land use regulations. This Court will not take judicial
notice of a local ordinance when the ordinance has not been cited
to nor has it been included as part of the record on appeal. SeeTown of Scotland Neck v. Surety Co., 301 N.C. 331, 338, 271 S.E.2d
501, 505 (1980); Beau Rivage Homeowners Ass'n v. Billy Earl,
L.L.C., 163 N.C. App. 325, 327, 593 S.E.2d 120, 122 (2004); Glenn-
Robinson v. Acker, 140 N.C. App. 606, 634, 538 S.E.2d 601, 620
(2000).
As defendants' appeal is interlocutory, and defendants have
failed to argue effectively that a substantial right will be lost
absent the right to an immediate appeal of the preliminary
injunction, we therefore dismiss defendants' appeal as
interlocutory.
Dismissed.
Judges GEER and LEVINSON concur.
Report per Rule 30(e).
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