Intersal, Inc. v. HamiltonAnnotate this Case
The Supreme Court affirmed in part and reversed in part the judgment of the trial court dismissing Plaintiff's complaint alleging that the North Carolina Department of Natural and Cultural Resources (DNCR) breached a 1998 agreement between the parties, holding that the court erred in dismissing Plaintiff's claim that the State Defendants breached a settlement agreement in two respects.
Centuries after the disappearance of two ships Plaintiff, a marine research and recovery corporation, received permits from DNCR to search for the ships. After discovering one of the ships, Plaintiff entered into an agreement with DNCR in 1998 agreeing to forgo certain rights in exchange for other rights. Plaintiff later alleged that DNCR breached the agreement in several ways, and the parties entered into a settlement agreement in 2013. Plaintiff later sued, and the trial court granted summary judgment for the State Defendants. The Supreme Court reversed in part, holding (1) the trial court properly dismissed Plaintiff's claims against the State Defendants for breach of the 1998 agreement; but (2) the trial court erred in dismissing Plaintiff's claims for breach of the 2013 settlement agreement stemming from DNCR's alleged violations of Plaintiff's media and promotional rights and from DNCR's non-renewal of Plaintiff's permit to search for the second ship.