# Evers v. Pender County Board of Education

> Court of Appeals of North Carolina · September 3, 1991 · 104 N.C. App. 1

URL: https://www.frixlaw.com/law-library/cases/9608613

## Case

- **Full name:** JEFFERSON L. EVERS, Plaintiff v. PENDER COUNTY BOARD OF EDUCATION and HAYWOOD DAVIS, Superintendent, Defendant
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 3, 1991
- **Citations:** 104 N.C. App. 1; 407 S.E.2d 879; 1991 N.C. App. LEXIS 974
- **Precedential status:** Published
- **Opinion:** Concurrence by Wells
- **Judges:** Wynn, Wells, Greene
- **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/9608613

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9608613. Public record. Not legal advice.