GOVERNMENT IMMUNITY? COUNTY NOT RESPONSIBLE TO HOMEOWNER

    In Estate of Vera Hewett v. Burnswick County, the NC Court of Appeals held that Brunswick County was not required to pay damages to a homeowner after it destroyed a barn owned by a private citizen. Brunswick Co. was operating a trash program to clean up “junked” items to improve the overall appearance in the county.  The County was asked to remove an old barn on one property which was approved, but the employees that actually performed the work mistakenly tore down barns located at a nearby property.

    The homeowners sued the County for damages related to the demolition of their property and the removal of all of its contents. The County did not agree to pay for their acts and instead defended their acts by claiming that their acts were protected since they were a government entity performing a government function..

    The Court of Appeals sided with the County finding that the County was immune from a lawsuit, and therefore did not have any legal liability to the innocent homeowner.