Case law

Oroweat Employees Credit Union v. Stroupe

48 N.C. App. 338 · Court of Appeals of North Carolina · Aug 19, 1980

Even if this were not so, the failure of the dealership to establish any procedure to deal with checks with conditional, restrictive or qualified endorsements, however they may be defined, does not absolve the dealership … However, “where one guarantor receives property or other security which constitutes a means of indemnity for, or immunity from, loss, it inures to the benefit of all co-guarantors.” 38 C.J.S.

Biddix v. Henredon Furniture Industries, Inc.

76 N.C. App. 30 · Court of Appeals of North Carolina · Jul 16, 1985

to administer federally mandated programs of environmental management and to qualify to accept and administer funds from the federal government for such programs. … The Springer court held that permitted discharges in compliance with the ordinance would afford defendant immunity from liability for the city’s failure to properly treat and dispose of the waste which subsequently damaged

Snuggs v. Stanly County Department of Public Health

63 N.C. App. 86 · Court of Appeals of North Carolina · Jul 5, 1983

It is well established that State courts have concurrent general subject matter jurisdiction to hear Section 1983 claims. In Martinez v. … Presnell , a remarkably analagous case, clearly holds to the long-established North Carolina rule that “where the legislature has provided by statute an effective administrative remedy, that remedy is exclusive and its relief

Jackson v. Daniels

196 N.C. App. 517 · Court of Appeals of North Carolina · Apr 21, 2009

immunity. … A police officer is a public official with qualified governmental immunity. Shuping v. Barber, 89 N.C. App. 242, 248 , 365 S.E.2d 712, 716 (1988).

Bouvier v. Porter

Court of Appeals of North Carolina · Oct 5, 2021

the trial court’s failure to dismiss [p]laintiff’s claims deprives [d]efendants of immunity from suit[.]” 270 N.C. … Qualified Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). “Whether an  BOUVIER V.

Lake v. State Health Plan For Teachers & State Emps.

264 N.C. App. 174 · Court of Appeals of North Carolina · Mar 5, 2019

The General Assembly has clearly distinguished between the mandatory retirement benefits and the optional health care insurance benefits the statutes have historically provided. … When the matter was previously before this Court, the sole issue decided concerned the applicability of sovereign immunity. Lake, 234 N.C. App. at 375, 760 S.E.2d at 274.

In re Barnhill

72 N.C. App. 530 · Court of Appeals of North Carolina · Feb 5, 1985

recommends involuntary hospitalization,” is clearly based on Dr. … We think it clear beyond peradventure that this testimony falls far short of establishing that “a second qualified physician . . . perforated] the examination required by G.S. 122-58.6.”

Graham County Board of Elections v. Graham County Board of Commissioners

212 N.C. App. 313 · Court of Appeals of North Carolina · Jun 7, 2011

This language is clearly dicta. Nelson dealt with whether an unincorporated division of a railroad company could be sued. Id. … Our review indicates sovereign immunity was never asserted in the trial court below; therefore, the Board of Commissioners waived any potential sovereign immunity protection and cannot assert the doctrine on appeal. Cf.

State v. Barker

257 N.C. App. 173 · Court of Appeals of North Carolina · Dec 19, 2017

Defendant objected to Trooper Inman being qualified as an expert and moved for a voir dire of the witness. … The depth of the inquiry is limited only in the context of HGN testing, where the General Assembly has clearly signaled that the requirements be applied leniently.

Ripellino v. North Carolina School Boards Ass'n

176 N.C. App. 443 · Court of Appeals of North Carolina · Mar 7, 2006

immunity. … Where the existence of a right is clearly established, its administration may not depend on the whim or unlimited discretion of a government official. Dobrowolska v. Wall, 138 N.C. App. 1 , 530 S.E.2d 590 (2000).

TOWN OF MIDLAND v. Morris

209 N.C. App. 208 · Court of Appeals of North Carolina · Jan 18, 2011

Stat. § 153A-12 (2009) (“Except as otherwise directed by law, each power, right, duty, function, privilege and immunity of the [county] shall be exercised by the board of commissioners.”). … Purpose Pursuant to N.C.G.S. § 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a District until such

Farmer v. Troy Univ.

Court of Appeals of North Carolina · Mar 2, 2021

¶ 36 Our Supreme Court’s decision in Smith is clearly distinguishable from Hyatt III and the case before us. … ¶ 46 It is well established that a plaintiff may not proceed with a claim directly  FARMER V.

Paris v. MICHAEL KREITZ JR., PA

75 N.C. App. 365 · Court of Appeals of North Carolina · Jul 2, 1985

The test for whether a directed verdict is proper is well established. … The evidence clearly shows that Mr. Paris was not ignored.

In re: K.E.P.

Court of Appeals of North Carolina · Apr 16, 2025

It is well established that “the North Carolina Rules of Evidence apply at the adjudication stage of these juvenile proceedings. … In support of her contention, Respondent-Mother cites the immunity provision of N.C. Gen.

Sharpe v. Worland

137 N.C. App. 82 · Court of Appeals of North Carolina · Mar 21, 2000

, establishment and enforcement of basic standards for the care and treatment of patients in hospitals.’ ” Id. at 80, 347 S.E.2d at 827 (quoting N.C. … Thus, defendant Hospital, a corporate body, qualifies as a “person” under G.S. § 90-21.22(e). To the extent the PHP sought defendant Hospital’s participation in Dr.

State of NC v. Kinston Charter Acad.

Court of Appeals of North Carolina · Dec 3, 2019

However, while Hall qualifies as a “person” under the NCFCA, the record is insufficient to determine, at this stage, -7-  STATE V. … Finally, we must examine the relationship between Kinston Charter and the State as established by state law. Ky. Higher Educ., 681 F.3d at 580.

In Re Appeal of the Forsyth County Tax Supervisor Regarding Certain Property Owned by Wake Forest University

51 N.C. App. 516 · Court of Appeals of North Carolina · Apr 21, 1981

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the decision of the Forsyth County Board of Equalization and Review is reversed to the extent that the valuation established thereby exceeds $501,171. … in which case only that portion so used qualifies for exemption.

First American Savings & Loan Ass'n v. Satterfield

87 N.C. App. 160 · Court of Appeals of North Carolina · Sep 15, 1987

Qualified Personnel, Inc., 294 N.C. 200, 208 , 240 S.E. 2d 338, 343 (1978). … Qualified Personnel, Inc., supra.

Ripellino v. N.C. School Boards Ass'n, Inc.

176 N.C. App. 443 · Court of Appeals of North Carolina · Mar 7, 2006

immunity. … Where the existence of a right is clearly established, its administration may not depend on the whim or unlimited discretion of a government official. Dobrowolska v. Wall, 138 N.C.App. 1 , 530 S.E.2d 590 (2000).

Wells v. North Carolina Department of Correction

152 N.C. App. 307 · Court of Appeals of North Carolina · Aug 20, 2002

To substantiate his allegation, the plaintiff provided specific statements and actions of his supervisor which clearly reflected a retaliatory attitude. … However, Brewer and Shirley concerned whether the passage of a certain amount of time precluded as a matter of law the plaintiff’s establishment of a prima facie case and not whether the plaintiff had established pretext.