Adams v. Kalmar, 741 S.E.2d 513 (N.C. Ct. App. 2013)

(dispute regarding spray easement; defendants granted spray easement to plaintiffs; plaintiffs planted Bermuda grass in easement; several years later defendants notified plaintiffs that they would be removing Bermuda grass in easement and replace it with soybeans; plaintiff brought suit; defendants counter-claimed for fraud and negligent misrepresentation; trial court granted summary judgment to plaintiff on defendants’ claims; on appeal, court affirmed dismissal of fraud claim because lack of expansion necessitating large area for easement caused by statutory moratorium rather than plaintiffs’ actions; this fact also permitted dismissal of negligent misrepresentation claim as well; court also affirmed in dismissing request to void easement for lack of meeting of the minds in contract formation because contract allowed for necessary actions in easement to comply with state regulations, which required Bermuda grass be grown for compliance; appellate court also affirmed court’s holding that defendants entitled to hay from grass grown on easement because plaintiffs’ purpose of easement was merely elimination of hog waste).