Couple Loses Appeal Over Habitability But Court Vacates Fee Award

RALEIGH, N.C. - A North Carolina appellate court has affirmed a decision in favor of landlords accused of failing to provide a habitable dwelling, but reversed an award of attorney fees. Elder Broach Properties Inc. v. McNeel, et ux., No. COA08-202 (N.C. Ct. App.).

The Court of Appeals ruled Dec. 16 that the lower court erred in finding that Sarah and Scott McNeel's claim for unfair trade practices was frivolous given the correspondence between the couple and the property manager over remediation of a mold and moisture problem.

Elder Broach Properties Inc., the property manager, brought an action against the …