"[O]ur Supreme Court has ... held that the standards for judicial review set forth in N.C. Gen. Stat. § 150A-51 (now section 150B-51 ) apply to appeals from school boards." (citation omitted)
How later courts described this case
- "[O]ur Supreme Court has ... held that the standards for judicial review set forth in N.C. Gen. Stat. § 150A-51 (now section 150B-51 ) apply to appeals from school boards." (citation omitted)
Written by the judges who cited it.
The opinion
Judge WELLS
concurring.
I concur in the majority opinion, but point out one area of due process concern. The record makes it clear that in its deliberations, the Board used the notes taken by its attorney at the hearing. This was improper. As the triers of the facts, the Board should have relied entirely on its own recollections of the proceedings, not on its attorney’s notes. As the majority opinion points out, plaintiff acquiesced in this action and therefore should not now be allowed to assert it as a basis for denial of due process.