Opinion

Evers v. Pender County Board of Education

  • 104 N.C. App. 1
  • 407 S.E.2d 879
  • 1991 N.C. App. LEXIS 974
Court
Court of Appeals of North Carolina
Filed
Sep 3, 1991
Status
Published
Author
Wells
On the bench
Wynn, Wells, Greene
Cited by
11 cases

"[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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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