# Bennett v. Hertford County Board of Education

> Court of Appeals of North Carolina · July 17, 1984 · 69 N.C. App. 615

URL: https://www.frixlaw.com/law-library/cases/9565945

## Case

- **Full name:** June G. Bennett v. Hertford County Board of Education
- **Court:** Court of Appeals of North Carolina
- **Decided:** July 17, 1984
- **Citations:** 69 N.C. App. 615; 317 S.E.2d 912; 1984 N.C. App. LEXIS 3544
- **Precedential status:** Published
- **Opinion:** Dissent by Vaughn
- **Judges:** Eagles, Braswell, Vaughn
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9565945

## Opinion text

Chief Judge VAUGHN
dissenting.
In compliance with Rule 16, North Carolina Rules of Appellate Procedure 2d, Walker Grading and Hauling v. S.R.F. Management Corp., 311 N.C. 170 (1984), reversing the decision in the same case reported in 66 N.C. App. 170 , 310 S.E. 2d 615 (1984), I state the issue upon which there is a division in this court. It is whether the trial judge erred when he reversed the Board of Education.
Among the several reasons why I consider the decision to be in error is that, in my judgment, the trial judge failed to give appropriate consideration to the evidence that supports the decision of the Board as well as that which detracts. When the evidence that supports the decision is considered, the decision of the Board has a rational basis in fact. Whether the Board’s decision has a rational basis in fact is the only question presented on appeal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9565945. Public record. Not legal advice.