The Towers, LLC v. Polk County

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:25-cv-00168-MR-WCM
THE TOWERS, LLC, )
)
Plaintiff, )
)
vs . ) O R D E R
)
POLK COUNTY, NORTH CAROLINA, )
)
Defendant. )
________________________________ )
THIS MATTER is before the Court on the Defendant’s Partial Motion
to Dismiss [Doc. 6] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 21] regarding the disposition of the Motion to
Dismiss.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge, was designated to consider the above-referenced motion and to
submit a recommendation for its disposition.
On February 19, 2026, the Magistrate Judge issued a Memorandum
and Recommendation, recommending that the Motion to Dismiss be denied.
[Doc. 21 at 12]. The parties were advised that any objections to the
Magistrate Judge’s Memorandum and Recommendation were to be filed in
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writing within fourteen (14) days of service. [Id. at 13]. The period within
which to file objections has now expired, and no written objections to the
Memorandum and Recommendation have been filed.
After a careful review of the Memorandum and Recommendation, the
Court concludes that the Magistrate Judge’s proposed conclusions of law
are correct and consistent with current case law. Accordingly, the Court
accepts the Magistrate Judge’s recommendation that the Motion to Dismiss
be denied.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 21] is ACCEPTED, and the Partial Motion to Dismiss
[Doc. 6] is DENIED.
IT IS SO ORDERED.
Signed: March 10, 2026
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