Case law

City of Asheville v. State

192 N.C. App. 1 · Court of Appeals of North Carolina · Aug 19, 2008

Laws 246 , it is not clear from the *32 record that this history is one of “manifest peculiarities clearly distinguishing” Asheville and Buncombe County from other municipalities and counties across the State. … Since the public duty doctrine and the immunity it grants Asheville and other municipalities from liability in tort by its own citizens is not applicable to a municipality’s operation of a proprietary activity, we find that

Mazda Motors of America, Inc. v. Southwestern Motors, Inc.

36 N.C. App. 1 · Court of Appeals of North Carolina · Apr 18, 1978

The authority of the courts of this State to declare an act of the General Assembly unconstitutional was established in Bayard v. Singleton, 1 N.C. 5 (1787). … It has long been recognized, however, that the “con *7 tracts clause” grants a qualified and not an absolute right.

Treadaway v. Payne

Court of Appeals of North Carolina · Oct 5, 2021

Defendant argues that Testator’s will clearly evidences Testator’s intent to bequeath the contested property to him, while Plaintiffs argue that Testator intended that the contested property pass to them. … ¶8 Following Testator’s death on 1 May 2018, the Forsyth County Clerk of Court admitted the Will to probate, and on 4 June 2018, Defendant qualified as executor of the estate.

Propst Bros. Dists., Inc. v. Shree Kamnath Corp.

263 N.C. App. 454 · Court of Appeals of North Carolina · Jan 2, 2019

Shree has stipulated that “[t]he intended construction on Lot 3 by Propst [] will only establish parking and egress for Lot 2.” … App. 629, 638, 646 S.E.2d 801, 807 (2007), rev’d per curiam for the reasons stated in the dissent, 362 N.C. 225, 7 In Conclusion 9., the trial court stated that if “the proposed convenience store . . . qualified

State v. Taylor

106 N.C. App. 534 · Court of Appeals of North Carolina · Jul 7, 1992

In addition, he continued to express concern over defendants’ lack of legal counsel, offering to help them find an attorney and suggesting a specific attorney he knew was qualified. … In the instant case, State’s evidence was clearly sufficient for the jury to find defendants guilty of the charge against them.

State v. Najewicz

112 N.C. App. 280 · Court of Appeals of North Carolina · Oct 19, 1993

There, we noted such discussions violate established legal principles, but do not necessarily vitiate the verdict. Id. at 192 , 229 S.E.2d at 55 . … Stephenson was qualified to testify on such matters as an expert. See Matheson v. City of Asheville, 102 N.C. App. 156, 173-74 , 402 S.E.2d 140, 150 (1991); State v. Bowman, 84 N.C.

Green v. Branch

Court of Appeals of North Carolina · May 7, 2025

The Consent Order set out provisions regarding the sale of the former marital residence and distribution of the net proceeds; distribution of various items of marital property, including a direction for entry of a qualified … Although Judge Jones mentioned his heavy case load at the hearing on the Motion for Recusal, the Order of Recusal clearly states as the reason for recusal that “Plaintiff filed a motion to have Judge Jones recused from

N.C. Dep't of Transp. v. Laxmi Hotels of Spring Lake, Inc.

259 N.C. App. 610 · Court of Appeals of North Carolina · May 15, 2018

Qualified Personnel, Inc., 294 N.C. 200, 207, 240 S.E.2d 338, 343 (1978) (quoting Greene v. Laboratories, Inc., 254 N.C. 680, 693, 120 S.E.2d 82, 91 (1961)). … Opinion of the Court compensation is clearly a fundamental right under both the United States and North Carolina Constitution.”).

Sound Rivers

Court of Appeals of North Carolina · Jun 2, 2020

“[U]nless clearly erroneous or inconsistent with the regulation’s plain language[,]” we defer to “an  SOUND RIVERS, INC. V. N.C. DEP’T OF ENVTL. … As discussed by the lead opinion, the agency’s interpretations of its own regulations in question are not clearly erroneous.

Shackleton v. Southern Flooring & Acoustical Co.

211 N.C. App. 233 · Court of Appeals of North Carolina · Apr 19, 2011

appeal, she contends the Commission erred by concluding Decedent’s asbestosis neither caused nor significantly contributed to Decedent’s death. 2 Specifically, Plaintiff argues the Commission erred because “asbestosis was clearly … Brenda Gainey also died before the completion of the appeals process with regard to benefits stemming from Decedent’s death, and Wendy Shackleton (Plaintiff), the daughter of Brenda Gainey and Decedent, qualified as the executrix

McKinney v. Goins

Court of Appeals of North Carolina · Sep 12, 2023

A vested right is “a right which is otherwise secured, established, and immune from further legal metamorphosis.” Gardner v. Gardner, 300 N.C. 715, 718–19, 268 S.E.2d 468, 471 (1980). … See Lester Bros., 250 N.C. at 568, 109 S.E.2d at 266; Gardner, 300 N.C. at 718–19, 268 S.E.2d at 471 (stating that a vested right is “a right which is otherwise secured, established, and immune from further legal metamorphosis

Semelka v. The Univ. of NC

Court of Appeals of North Carolina · Dec 31, 2020

Respondents interpret The Code §§ 603(9) and (10) to mean that Chancellor Folt’s determination was final, that any other review by the BOT or BOG qualifies as an “appeal,” and, therefore, UNC-CH was not obligated to pay … Where there is a “favorable” determination for a faculty member, the chancellor’s decision is clearly “final.”

McKinney v. Goins

Court of Appeals of North Carolina · Sep 12, 2023

A vested right is “a right which is otherwise secured, established, and immune from further legal metamorphosis.” Gardner v. Gardner, 300 N.C. 715, 718–19, 268 S.E.2d 468, 471 (1980). … See Lester Bros., 250 N.C. at 568, 109 S.E.2d at 266; Gardner, 300 N.C. at 718–19, 268 S.E.2d at 471 (stating that a vested right is “a right which is otherwise secured, established, and immune from further legal metamorphosis

State v. Nguyen

178 N.C. App. 447 · Court of Appeals of North Carolina · Jul 18, 2006

The court also found that another qualified interpreter had been called by the GPD before the interview and had arrived approximately thirty minutes after the interview began. … Additionally, the evidence shows that Officer Nguyen, who was raised in South Vietnam, could communicate clearly with defendant.

United Laboratories, Inc. v. Kuykendall

87 N.C. App. 296 · Court of Appeals of North Carolina · Oct 20, 1987

It did not submit any customer list into evidence; even if it had, such information does not qualify as a trade secret or confidential information since the list could easily be duplicated by reference to telephone directories … “All that clearly appears is that he [the employee] undertook to use in his new employment the knowledge he had acquired in the old.

Puma Biotechnology, Inc. v. Hedrick Gardner Kincheloe & Garofalo, L.L.P.

Court of Appeals of North Carolina · Sep 3, 2025

Specifically, it asked whether subsequent repairs would qualify as the “last act.” This Court ultimately decided they did not. Id. at 242, 515 S.E.2d at 450. … The facts of Monson are clearly distinguishable from the case sub judice making it poor support for our colleague’s analysis.

State v. Gallion

Court of Appeals of North Carolina · Mar 15, 2022

Rook, 304 N.C. 201, 221–22, 283 S.E.2d 732, 745 (1981) (holding an affidavit clearly established probable cause to believe that a - 18 - … App. 357, 361, 232 S.E.2d 282, 285, disc. rev. denied, 292 N.C. 642, 235 S.E.2d 63 (1977) (concluding the qualified privilege created by N.C. Gen.

Meehan v. American Media International, LLC

214 N.C. App. 245 · Court of Appeals of North Carolina · Aug 2, 2011

In order to be recognized by police and prosecutorial authorities as a qualified testing lab, DSI had to obtain the “gold standard” of accreditation from the American Society of Crime Laboratory Directors (“ASCLD/LAB”). … The failure to clearly report these findings was an “error” on the part of Plaintiff.

State v. Chandler

Court of Appeals of North Carolina · Feb 4, 2026

Analysis As a long-established matter of Constitutional law, all twelve jurors who render a unanimous verdict convicting a criminal defendant must be impartial and qualified to serve. State v. … Therefore, the Court did not find any abuse of discretion because “the record so clearly demonstrates that an immediate replacement was necessary.” Id. at 101.

Quinn v. Quinn

243 N.C. App. 374 · Court of Appeals of North Carolina · Oct 6, 2015

Summary Judgment It is elementary that summary judgment is proper only where there is no genuine issue of a material fact when the evidence is viewed in the light most favorable to the non-movant, and a party is clearly … App. at 105, 601 S.E.2d at 252 (“It is well settled that, if the grantee knows a deed is fraudulent, the deed cannot qualify as color of title.”)