Adams v. Adams et al

Filing 11

ORDER OF REMAND granting 9 Motion to Remand this action to General Court of Justice Superior Court Division, Cherokee County; denying as moot 2 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Martin Reidinger on 2/4/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12cv89

ROSS W. ADAMS,

)
)
Petitioner,
)
)
vs.
)
)
NANCY ELIZABETH ADAMS,
)
Individually and as Successor Co-Trustee, )
MATTIE CAROL ADAMS,
)
Individually and as Successor Co-Trustee, )
JUDY MAE ADAMS CLARK,
)
Individually and as Successor Co-Trustee, )
KEVIN J. CLARK, and
)
NANCY ATKINSON ADAMS, Trustee,
)
)
Respondents.
)
__________________________
_)
ORDER OF REMAND
THIS MATTER is before the Court on the Petitioner’s Motion to
Remand [Doc. 9].
On November 26, 2012, the United States Department of Agriculture
Forest Service filed a Notice of Removal of a Special Proceeding which
had been initiated in the Superior Court for Cherokee County. [Doc. 1].
That proceeding was brought to establish a statutory cartway over lands
owned by the individual Respondents. [Doc. 1-1]. When the United States

was added to that proceeding as an additional Respondent, the
Government removed the action based on 28 U.S.C. §1346(f) & §1441
because the special proceeding involved a claim to quiet title to real
property owned by the United States. On January 10, 2013, the United
States and the Petitioner filed a Notice of Stipulation of Dismissal of the
United States Department of Agriculture Forest Service without Prejudice.
[Doc. 10]. On that same day, the Petitioner moved to remand the matter to
state court, there being no claims left over which this Court has original
jurisdiction. [Doc. 9]. No opposition has been filed to the motion by any
Respondent and it will therefore be granted.
ORDER
IT IS, THEREFORE, ORDERED that the Petitioner’s Motion to
Remand [Doc. 9] is hereby GRANTED and this action is hereby
REMANDED to the General Court of Justice Superior Court Division,
Cherokee County.
IT IS FURTHER ORDERED that the Motion to Dismiss of the United
States [Doc. 2] is hereby DENIED as moot.
The Clerk of Court is instructed to mail a copy of this Order to the
Clerk of Court for Cherokee County.

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Signed: February 4, 2013

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