Appeals Court Backs County's Defense to Inspection Claim

RALEIGH, N.C. - The North Carolina Court of Appeals has affirmed judgment for a governmental defendant accused of conducting negligent building inspections, rejecting homeowners' challenge to an immunity defense. Baltzell, et ux. v. Dowdy, et al., No. COA09-94 (N.C. Ct. App.).

The court said that while the issue was not properly preserved for appeal but, in any event, Mecklenburg County did not waive its immunity by setting aside funds for possible claims without approving a resolution deeming those funds to be the equivalent of insurance.

Johnathan and Tracy Baltzell complained in July 2007 that a home purchased from Pal and …