To which court was the M.E. Stores Property, LLC v. Epcon Communities case removed?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
claims. This matter is concluded.
M.E. Stores Property, LLC v. Epcon Nantz Road, LLC, Epcon Communities Carolinas, LLC, Epcon Communities, LLC et al., Case No. 20-CVS-14594 in the General Court of Justice Superior Court Division of Mecklenburg County, North Carolina. Litigation commenced on October 28, 2020. The matter was removed to the United States District Court for the Western District of North Carolina on December 23, 2020, as Case No. 3:20-CV-631. The plaintiff alleged that the defendants' construction activities created dust that infiltrated the plaintiff's machinery and boats located on the plaintiff's property causing damage to its personal property. The plaintiff's causes of action included trespass, nuisance, negligence, breach of contract, fraud, negligent supervision, improper capitalization and respondeat superior. The case was settled for total payments of $25,000 by defendants of which the Epcon defendants paid $22,000. The Notice of Voluntary Dismissal was filed on June 1
Source: Item 3 — LITIGATION (FDD pages 13–15)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the case M.E. Stores Property, LLC v. Epcon Nantz Road, LLC, Epcon Communities Carolinas, LLC, Epcon Communities, LLC et al., initially filed in the General Court of Justice Superior Court Division of Mecklenburg County, North Carolina, was removed to the United States District Court for the Western District of North Carolina. The case was removed on December 23, 2020, and was assigned Case No. 3:20-CV-631.
This lawsuit involved allegations that Epcon Communities' construction activities caused dust that damaged the plaintiff's property. The plaintiff's claims included trespass, nuisance, negligence, breach of contract, fraud, negligent supervision, improper capitalization, and respondeat superior.
The case was settled with the Epcon defendants paying $22,000 of the total $25,000 settlement. A Notice of Voluntary Dismissal was filed on June 15, 2022, concluding the matter. This information is relevant for prospective franchisees as it provides insight into the types of legal challenges Epcon Communities has faced and the associated costs.