Case law

Coventry Woods Neighborhood Ass'n v. City of Charlotte

202 N.C. App. 247 · Court of Appeals of North Carolina · Feb 2, 2010

For exam- *257 pie, the decision in Mennonite Board of Missions v. Adams, 462 U.S. 791 , 77 L. … Board of Regents v. Roth, 408 U.S. 564, 577 , 33 L. Ed. 2d 548, 561 (1972).

Alexander v. NC State Bd. of Elections

Court of Appeals of North Carolina · Feb 1, 2022

WARD, Plaintiffs, v. NORTH CAROLINA STATE BOARD OF ELECTIONS, STELLA ANDERSON, JEFF CARMON III, STACY EGGERS IV, WYATT T. … ALEXANDER V.

Skamarak v. Skamarak

81 N.C. App. 125 · Court of Appeals of North Carolina · Jun 3, 1986

In Ellis v. … Quick v. Quick, 305 N.C. 446 , 290 S.E. 2d 653 (1982); Spencer v. Spencer, 70 N.C. App. 159, 170 , 319 S.E. 2d 636, 645 (1984).

County of Hoke v. Byrd

107 N.C. App. 658 · Court of Appeals of North Carolina · Oct 20, 1992

As a rule, therefore, this Court should not substitute its own judgment for the Board’s discretion. Id. Appellants contend that State v. … The legislative authority of the Hoke County Board of Commissioners is limited to that which is “granted to it expressly or by necessary implication from expressly granted powers.” State v.

Yates Construction Co. v. Commissioner of Labor for North Carolina

126 N.C. App. 147 · Court of Appeals of North Carolina · May 6, 1997

The Review Board has routinely found that broken bones are serious injuries. Brooks v. Int’l Minerals & Chemical Corp., 3 NCOSHD 393, 397 (RB 1989). … In re Dailey v. Board of Dental Examiners, 60 N.C. App. 441, 447 , 299 S.E.2d 473, 478 , (citations omitted), rev’d on other grounds, 309 N.C. 710 , 309 S.E.2d 219 (1983).

In Re SMS

196 N.C. App. 170 · Court of Appeals of North Carolina · Apr 7, 2009

In re Heil, 145 N.C.App. 24, 28 , 550 S.E.2d 815, 819 (2001) (quoting State v. Powell, 299 N.C. 95, 98 , 261 S.E.2d 114, 117 (1980)). … State v. Marcoplos, 154 N.C.App. 581, 582-83 , 572 S.E.2d 820, 821-22 (2002), aff'd and remanded, 357 N.C. 245 , 580 S.E.2d 691 (2003); see also State v.

Osborne v. Town of Nags Head

235 N.C. App. 121 · Court of Appeals of North Carolina · Jul 15, 2014

Mann Media, Inc. v. Randolph Cnty. Planning Bd., 356 N.C. 1, 13, 565 S.E.2d 9, 17 (2002) (citations and quotation marks omitted). … Boards of Adjustments, and other local government boards, perform vital services within our governmental structure.

State v. Taylor

Court of Appeals of North Carolina · Jul 5, 2023

Jefferson was driving a Honda sedan with Brown seated in the passenger seat. Richardson was seated in the driver’s side  STATE V. … Brown was removed from inside of the Honda sedan, suffering with seizures, which indicated a “traumatic brain injury.”

Maness v. The Vill. of Pinehurst

Court of Appeals of North Carolina · Jan 21, 2020

MANESS V. … The Board of Review did not make the necessary -2-  MANESS V.

North Carolina School Boards Ass'n v. Moore

160 N.C. App. 253 · Court of Appeals of North Carolina · Sep 16, 2003

Glenn v. Board of Education, 210 N.C. 525, 529-30 , 187 S.E. 781, 784 (1936). … Boney v.

Southern Equipment Co., Inc. v. Winstead

80 N.C. App. 526 · Court of Appeals of North Carolina · May 6, 1986

S. v. One 1936 Model Ford Coach, 307 U.S. 219, 226 , 83 L.Ed. 1249, 1255 , 59 S.Ct. 861, 865 (1939).

In re Wesleyan Education Center

68 N.C. App. 742 · Court of Appeals of North Carolina · Jun 5, 1984

If upon appeal to the county board of equalization and review or board of commissioners, the owner demonstrates that the property meets the conditions for exemption, the exemption may be approved by the board at that time … See White v. Pate, 308 N.C. 759 , 304 S.E. 2d 199 (1983). The decision of the North Carolina Property Tax Commission is Affirmed. Judges Wells and Braswell concur.

Johnston Cnty. Bd. of Educ. v. Dep't of State Treasurer, Ret. Sys. Div.

817 S.E.2d 918 · Court of Appeals of North Carolina · Sep 18, 2018

Stat. § 135-5 (a3) (2017) was "void and of no effect because the [Board of Trustees of TSERS (the 'Board') ] did not follow the rule making procedures of ... the Administrative Procedure Act [ (the 'APA').]" 2 Director Toole … Croom, but also initiated this action, as indicated above, to challenge the validity of the cap factor "adopted" by the Board. Additional facts may be found in Cabarrus Cty. Bd. of Educ. v.

Annie Penn Memorial Hospital, Inc. v. Caswell County

72 N.C. App. 197 · Court of Appeals of North Carolina · Dec 28, 1984

We find the present case to be controlled by Spicer v. … Holding the Board of County Commissioners of Duplin County liable for Camel’s medical bills, the Court stated: It is clearly the duty of the board of commissioners of a county, in this State, as prescribed by statute, to

Williams v. Town of Grifton

19 N.C. App. 462 · Court of Appeals of North Carolina · Sep 26, 1973

In Matthews v. Blowing Rock, supra, the Court, quoting from Lutterloth v. … V. . (T)hé General Assembly should not delegate unlimited power to the governing boards. Exercise of discretion to extend corporate boundaries must and should be subject to general standards or limitations ....

Hamlin v. Austin

49 N.C. App. 196 · Court of Appeals of North Carolina · Oct 7, 1980

Glen Forest Corp. v. Bensch, 9 N.C. App. 587 , 176 S.E. 2d 851 (1970).” In re Brown 23 N.C. App. 109, 110 , 208 S.E. 2d 282, 283 (1974).

In Re Central Telephone Co.

604 S.E.2d 680 · Court of Appeals of North Carolina · Nov 16, 2004

Duke v. … In Coca-Cola Co. v.

Sansom v. Johnson

39 N.C. App. 682 · Court of Appeals of North Carolina · Feb 6, 1979

Harris v. Watson, 201 N.C. 661 , 161 S.E. 215 ; Groves v. Barden, 169 N.C. 8 , 84 S.E. 1042 ; Advisory Opinion in re *684 Phillips, 226 N.C. 772 , 39 S.E. 2d 217 ; Bryan v. … Patrick, 124 N.C. 651 (662), 33 S.E. 151 ; S. v. Knight, 169 N.C. 333 , 85 S.E. 418 ; Eliason v. Coleman, 86 N.C. 235 ; Clark v. Stanley, 66 N.C. 59 ; 42 A.J. 880.” Harrington & Co. v.

Johnston v. Gaston County

71 N.C. App. 707 · Court of Appeals of North Carolina · Dec 18, 1984

Plaintiffs allege that neither the County Board nor the Property Tax Commission could have adequately dealt with their constitutional claims. This is true, see Great American Insurance Co. v. … Yet, in Snuggs this Court relied upon Presnell v.

Brooks v. BCF Piping, Inc.

109 N.C. App. 26 · Court of Appeals of North Carolina · Feb 16, 1993

Thompson v. Board of Education, 292 N.C. 406 , 233 S.E.2d 538 (1977). The whole record test is also applied when the court considers whether an agency decision is arbitrary or capricious. High Rock Lake Assoc. v. … Similarly, in Brooks v.