Opinion
No. 107A24
08-01-2024
BLUEPRINT 2020 OPPORTUNITY ZONE FUND, LLLP, and Woodforest Ceiboulos Opportunity Fund, LLC v. 10 ACADEMY STREET QOZB I, LLC; CitiSculpt, LLC; CS-10 South Academy St, LLC; CitiSculpt SC, LLC; 10 Academy Street, LLC; CitiSculpt Fund Services, LLC; 10 Academy Opportunity Zone Fund I, L.L.C.; Charles Lindsey McAlpine; and Michael J. Miller
Lex M. Erwin, Attorney at Law, Charlotte, For CS-10 South Academy St, LLC, et al. Scott D. Anderson, Attorney at Law, Raleigh, For Blueprint 2020 Opportunity Zone Fund, LLLP. William L. Esser, IV, Attorney at Law, Charlotte, For Woodforest CEI-Boulos Opportunity Fund, LLC. Michael L. Martinez, Attorney at Law, Charlotte, For Finley Group Receiver for 10 Academy Street QOZB I, LLC. Matthew E. Cox, Attorney at Law, Charlotte, For CitiSculpt Fund Services, LLC, et al. Fred M. Wood, Jr., Attorney at Law, For 10 Academy Opportunity Zone Fund I, L.L.C., et al. David A. Luzum, Attorney at Law, Charlotte, For CS-10 South Academy St, LLC, et al. Kevin Y. Zhao, Attorney at Law, For CS-10 South Academy St, LLC, et al.
From N.C. Business Court 23CVS001931-590; From Mecklenburg 23CVS001931-590, Twenty-Sixth District
Lex M. Erwin, Attorney at Law, Charlotte, For CS-10 South Academy St, LLC, et al.
Scott D. Anderson, Attorney at Law, Raleigh, For Blueprint 2020 Opportunity Zone Fund, LLLP.
William L. Esser, IV, Attorney at Law, Charlotte, For Woodforest CEI-Boulos Opportunity Fund, LLC.
Michael L. Martinez, Attorney at Law, Charlotte, For Finley Group Receiver for 10 Academy Street QOZB I, LLC.
Matthew E. Cox, Attorney at Law, Charlotte, For CitiSculpt Fund Services, LLC, et al.
Fred M. Wood, Jr., Attorney at Law, For 10 Academy Opportunity Zone Fund I, L.L.C., et al.
David A. Luzum, Attorney at Law, Charlotte, For CS-10 South Academy St, LLC, et al.
Kevin Y. Zhao, Attorney at Law, For CS-10 South Academy St, LLC, et al.
ORDER
The parties’ joint motion for limited remand and stay is allowed. This matter is remanded to the trial court for the limited purpose of permitting the parties to seek trial court approval of a sale of the subject property to an alternative buyer. This Court retains jurisdiction over the appeal. All proceedings in this Court, including all further briefing deadlines, are stayed until the first of one of the following occurs: (a) the parties jointly file a motion to dismiss the appeal as moot; (b) any party to the appeal files a motion to dissolve the stay for good cause; or (c) two hundred and twenty-five days have elapsed from the date of this Order. If the appeal is not dismissed and the stay is dissolved, the Court will set a deadline for the Appellees’ briefs to be filed.
By order of the Court in Conference, this the 1st day of August 2024.