Opinion

Gray v. Orange County Health Department

  • 119 N.C. App. 62
  • 457 S.E.2d 892
  • 1995 N.C. App. LEXIS 401
Court
Court of Appeals of North Carolina
Filed
Jun 6, 1995
Status
Published
Author
Greene
On the bench
Martin, John, Greene
Cited by
9 cases

G.S. § 150B-43 provides only judicial review of final agency decisions, and recommended decisions of the ALJ and State Personnel Commission were merely advisory

How later courts described this case

  • G.S. § 150B-43 provides only judicial review of final agency decisions, and recommended decisions of the ALJ and State Personnel Commission were merely advisory
  • applying Chapter 150B to review of decision of local health department
  • health department inspector engaged in inappropriate sexually oriented behavior during inspections of catering businesses owned by women

Written by the judges who cited it.

The opinion

Judge Greene

concurring in part:

I agree with the majority that “Gray’s petition for judicial review ‘was not sufficiently explicit to permit effective judicial review’ of the proceedings” and that the trial court erred in not allowing the *77 Department’s motion to dismiss. For this reason, I would vacate the order of the trial court and remand for reinstatement of the Final Decision of the Department. Because the order of the trial court must be vacated, it is unnecessary to consider, as does the majority, the merits of the appeal to the trial court. I therefore express no opinion on those issues addresses by the majority in Part II of the opinion.

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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