AGI v. Town of Hickory 4th Cir. December 11, 2014. The Fourth Circuit concluded yesterday that a city’s claim to immunity for equitable remedies against it would fail if decided by the North Carolina Supreme Court. The Town agreed it was operating in a proprietary capacity in running an airport. The Town had leased the airport to a company “Pilot” that went into bankruptcy. The lease allowed Pilot to encumber the lease to seek financing. AGI ultimately took title of a lien against the property. As part of its lease, Pilot and Hickory agreed that Hickory had a first right to cure in the event of default should Pilot default on a loan. Pilot entered bankruptcy and Hickory was granted title to the property, but AGI claimed that Hickory was required to cure the default, had not done so and sought the equitable remedies of disgorgement of rents among other equitable remedies. Hickory asserted immunity, but the Fourth Circuit concluded that North Carolina law would not recognize immunity in this case. A link follows: title “view article” View article...<http://pacer.ca4.uscourts.gov/dailyopinions/opinions121114.htm> Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA’s Annual Seminar April 24-27, 2015 – Omni Shoreham, Washington D.C. IMLA’s Annual Conference October 3-8, 2015 – The Rio, Las Vegas, NV