JAMES (JIM) R. DEMAY
SUCCESS FOR OUR CLIENTS SINCE 1976

MEET OUT ATTORNEYS

DIRECT: 704-788-3211
FAX: 704-784-3211
EMAIL: jdemay@fspa.net

Partner

Practice Areas:
Civil Litigation, Construction Law, Appeals, Family Law, Divorce

Bar Admissions:
North Carolina, 2007
U.S. District Court Western District of North Carolina, 2010
U.S. District Court Middle District of North Carolina, 2010

Education:
University of Akron School of Law
Akron, Ohio
J.D. Magna Cum Laude, 2007
Law Review: Akron Law Review, Associate Editor

University of North Carolina at Chapel Hill, Kenan-Flagler Business School
Chapel Hill, North Carolina
B.S. with Distinction, 2004
Major: Business Administration
Minor: Public Policy Analysis

Professional Associations and Memberships:
President, Cabarrus County Bar Association (2012)
President, Judicial District 19A Bar (2012)
Executive Officer, Cabarrus County Bar Association – Treasurer (2011), YLD Representative (2008-2010)
Member, North Carolina Bar Association (2007 – Present)
Board of Trustees, Corvian Community School, Charlotte, North Carolina (2011 – 2014)
Board of Directors, Bradford Preparatory School, Charlotte, North Carolina (2014 – Present)
Member, Cabarrus County Building Industry Association (2007 – Present)
Member, Cabarrus County Chamber of Commerce (2007 – Present)

Representative Appellate Cases:

Quality Built Homes, Inc. v. Town of Carthage, __N.C.__, 776 S.E.2d 454 (2016) (North Carolina Supreme Court decision invalidating the water and sewer impact fee ordinances of the Town of Carthage)
Lanvale Properties, LLC v. County of Cabarrus, 366 N.C. 142, 731 S.E.2d 800 (2012) (North Carolina Supreme Court decision declaring the Cabarrus County adequate public facilities ordinance to be unlawful)
Allen Industries, Inc. v. Kluttz, __ N.C.App. __, 788 S.E.2d 208 (2016) (preliminary injunction action for violation of non-compete clause in employment agreement)
Frye v. Frye, 773 S.E.2d 574 (2015) (challenge to trial court’s determination of marital versus separate property in equitable distribution case)
McKee v. McKee, 780 S.E.2d 758 (2015) (modification of child custody)
Herring v. Herring, 231 N.C.App. 26, 752 S.E.2d 190 (2013) (determination of pension value in equitable distribution case)
Estate of Hurst v. Jones, 230 N.C.App. 162, 750 S.E.2d 14 (2013) (defense of action brought under the North Carolina Fraudulent Transfer Act to set aside a corporate transfer of funds)
Simpson v. Simpson, 209 N.C.App. 320, 703 S.E.2d 890 (2011) (request for attorneys’ fees in child custody case)
In re Estate of Seagraves, 206 N.C.App. 333, 698 S.E.2d 155 (2010) (challenge to validity of Last Will and Testament and property deeds for lack of mental capacity and undue influence)
Burgess v. Burgess, 205 N.C.App. 325, 698 S.E.2d 666 (2010) (defense of shareholder derivative action in equitable distribution of marital property case)

Publications:

Lanvale Properties, LLC v. Cabarrus County – A Check on Local Government Zoning Authority, North Carolina Bar Association, December 21, 2012

Speaking Engagements:

The State of Local Government Powers After Lanvale Properties, LLC v Cabarrus County and into the Future, 2014 North Carolina Bar Association Joint Zoning Planning & Land Use and Government/Public Sector Section Annual Meeting, March 28, 2014

Appellate Law for the Trial Practitioner, 2015 Cabarrus County Bar Association CLE Program, October 9, 2015

Fraternities:
Phi Alpha Delta Legal Fraternity

Get to know more about Jim:
Jim has been with Ferguson, Hayes, Hawkins & DeMay, PLLC since 2007 and handles civil litigation, construction law, appeals, and family law cases for the firm.  He was made a partner with the firm in 2013.  Jim counts among his clients a number of Cabarrus County businesses, real estate developers, and commercial and residential contractors.  Jim has argued cases before the North Carolina Supreme Court and the North Carolina Court of Appeals, as well as jury and non-jury trials before the Superior Court and District Courts.  He is licensed to practice in all North Carolina state courts and the U.S. District Courts for the Western and Middle Districts of North Carolina.

Jim has been successful in his practice representing developers and builders against illegal local government development ordinances.  He represented a group of developers and the Cabarrus County Building Industry Coalition in a challenge to the Cabarrus County Adequate Public Facilities Ordinance, which was declared unlawful by the North Carolina Supreme Court in 2012 in Lanvale Properties, LLC v. County of CabarrusLanvale is a landmark North Carolina decision in zoning and land use law, as it clarifies the authority of local government in enacting development ordinances and has been frequently cited by courts in subsequent cases.  Jim followed up the success of the Lanvale litigation by obtaining a $6.2 million settlement in an action against Cabarrus County on behalf of a group of thirty-four (34) residential developers and builders who had been required to pay fees under the unlawful Adequate Public Facilities Ordinance.  Jim then recently represented a group of developers in a challenge to the Town of Carthage water and sewer impact fee ordinances, which was declared by unlawful by the North Carolina Supreme Court in 2016 in Quality Built Homes, Inc. v. Town of Carthage.  Like Lanvale, the Quality Built Homes decision has significant statewide ramifications by restricting the authority of local government to charge certain water and sewer fees as a condition to development approval.

Originally from Northeast Ohio, Jim received his Bachelor of Science degree with Distinction in 2004 from the Kenan-Flagler Business School at the University of North Carolina at Chapel Hill.  He returned to North Carolina to join Ferguson,  Hayes, Hawkins & DeMay in 2007 after graduating magna cum laude from the C. Blake McDowell Law Center at the University of Akron, where he was Associate Editor for the Akron Law Review, Vice-Justice of the Phi Alpha Delta legal fraternity, and a member of the Moot Court Honor Society.

Jim is a past President of the Judicial District 19A Bar and the Cabarrus County Bar Association (2012), having also previously served as Treasurer (2011) and Young Lawyer Division Representative (2008-2010).  He is also a member of the North Carolina Bar Association, the Cabarrus County Building Industry Coalition, the Board of Directors for Bradford Preparatory School in Charlotte, and a past member of the Board of Trustees for Corvian Community School in Charlotte. Mr. DeMay was among 16 young lawyers from across North Carolina selected to participate in the North Carolina Bar Association Young Lawyer Leadership Academy in 2012.

Jim’s wife, Laura, is a 2000 graduate of Northwest Cabarrus High School.  Outside the office, he enjoys trail running, Crossfit, obstacle course races, and traveling with his wife.

EDWIN H. FERGUSON


Family Law, Bankruptcy, General Civil Litigation, Estate Administration, Guardianship, Corporate Business Law, Contracts

RYAN C. HAWKINS


Real Estate Law (Residential & Commercial), Business Law, Wills and Estates, Traffic Violations

BRIAN P. HAYES


Bankruptcy & Debt Relief; Wills, Trusts & Estate Planning; Litigation; Estate Administration; Guardianship; Corporate & Business Law and Contracts

JAMES (JIM) R. DEMAY


Civil Litigation, Construction Law, Appeals, Family Law, Divorce

BENJAMIN (BEN) G. GOFF


Felony and Misdemeanor Criminal Defense, Traffic Violations, Driving While Impaired, Driver License Restoration, Personal Injury, Family Law, Child Support, Incompetency, Civil Litigation