Case law

Sunderhaus v. Board of Adjustment

94 N.C. App. 324 · Court of Appeals of North Carolina · Jun 20, 1989

See Lee v. Bd. of Adjustment of Rocky Mount, 226 N.C. 107, 109 , 37 S.E. 2d 128, 130 (1946). Our review is of the superior court’s conclusions upon those questions of law. See Freewood Assocs., Ltd. v. … of Adjustment, submitted to said Board, and a building permit therefor issued by said Board.

Board of Transportation v. Royster

40 N.C. App. 1 · Court of Appeals of North Carolina · Feb 20, 1979

State v. Johnson, 278 N.C. 126 , 179 S.E. 2d 371 (1971). … McClarren v. Jefferson School Township, 169 Ind. 140 , 82 N.E. 73 (1907); Darrow v. Chicago L.S.&S.B. Ry., 169 Ind. 99 , 81 N.E. 1081 (1907); Blissfield Community Schools District v.

Paschal v. Myers

129 N.C. App. 23 · Court of Appeals of North Carolina · Mar 17, 1998

Messick v. Catawba County, 110 N.C. App. 707, 712 , 431 S.E.2d 489, 492-93 (citing Roumillat v. … See Burwell v. Griffin, 67 N.C. App. 198, 209 , 312 S.E.2d 917, 924 (quoting Bishop v. Wood, 426 U.S. 341, 344-45 , 48 L.

Bernold v. Board of Governors

200 N.C. App. 295 · Court of Appeals of North Carolina · Oct 6, 2009

Shackleford-Moten v. Lenoir County Dep’t of Soc. Servs., 155 N.C. App. 568, 571 , 573 S.E.2d 767, 769 (2002). … Thompson v. Wake County Bd. of Educ., 292 N.C. 406, 410 , 233 S.E.2d 538, 541 (1977) (citation omitted).

Board of Transportation v. Wilder

28 N.C. App. 105 · Court of Appeals of North Carolina · Dec 17, 1975

G.S. 84-14; Brown v. Vestal, 231 N.C. 56 , 55 S.E. 2d 797 (1949). … Brown v. Vestal, supra, at p. 58, 55 S.E. 2d at 798 ; Sears, Roebuck and Company v. Banking Company, 191 N.C. 500 , 132 S.E. 468 (1926).

Farr v. Board of Adjustment

73 N.C. App. 228 · Court of Appeals of North Carolina · Mar 5, 1985

Our review of zoning board of adjustment decisions is limited to questions of law and legal inference; we may not consider questions of fact. G.S. 160A-388(e); Coastal Ready-Mix Concrete Co. v. … Town of Hillsborough v. Smith, 276 N.C. 48 , 170 S.E. 2d 904 , 49 A.L.R. 3d 1 (1969).

Crump v. Board of Education

93 N.C. App. 168 · Court of Appeals of North Carolina · Mar 21, 1989

State v. … See, e.g., Johnson v.

Union County Board Of Education v. Union County Board of Commissioners

Court of Appeals of North Carolina · Apr 7, 2015

Id. 9  UNION COUNTY BOARD OF EDUCATION V. … UNION COUNTY BOARD OF EDUCATION V.

Board of Transportation v. Pelletier

38 N.C. App. 533 · Court of Appeals of North Carolina · Nov 7, 1978

Root v. Allstate Insurance Co., 272 N.C. 580 , 158 S.E. 2d 829 (1968); Lee v. McDonald, 230 N.C. 517 , 53 S.E. 2d 845 (1949). … Baltimore Building & Loan Association v. Bethel, 120 N.C. 344, 345 , 27 S.E. 29 (1897). See also, Lewis v. Furr, 228 N.C. 89 , 44 S.E. 2d 604 (1947).

Harris v. Board of Commissioners

1 N.C. App. 258 · Court of Appeals of North Carolina · May 22, 1968

In the case of Bridges v. Charlotte, 221 N.C. 472 , 20 S.E. 2d 825 , the Supreme Court was considering the constitutionality of a tax levy, which was not submitted to a vote of the people. … The plea that the levy of such a tax by a county, without submission to popular vote, is prohibited by Article VII, section 7, of the Constitution, as not being for' a necessary expense was raised, and settled in Collie v.

Weber v. Board of Education

46 N.C. App. 714 · Court of Appeals of North Carolina · May 20, 1980

As was pointed out in this Court’s opinion in Thompson [v. Board of Education, 31 N.C. … These circumstances present questions to be resolved by the judgment of the Board. As Judge (now Chief Judge) Morris stated in Thompson v. Bd. of Education, supra, 31 N.C.

Wallace v. Board of Trustees

145 N.C. App. 264 · Court of Appeals of North Carolina · Aug 7, 2001

However, this Court has long held that the party seeking relief on appeal, in this case the Board, must show not only error, but also that the error was prejudicial. Vass v. … Washington v. McLawhorn, 237 N.C. 449 , 75 S.E.2d 402 (1953).

Halifax Regional Medical Center, Inc. v. Brown

228 N.C. App. 43 · Court of Appeals of North Carolina · Jun 18, 2013

See Mullen v. … Brown, that’s to be resolved by arbitration.” Thus, defendant’s argument fails.

Nash-Rocky Mount Board of Education v. Rocky Mount Board of Adjustment

169 N.C. App. 587 · Court of Appeals of North Carolina · Apr 5, 2005

See also Heaton v. … See Brown v. Flowe, 349 N.C. 520, 523-24 , 507 S.E.2d 894, 896 (1998) (“When multiple statutes address a single subject, this Court construes them in pari materia to determine and effectuate the legislative intent.”).

Board of Transportation v. Bryant

59 N.C. App. 256 · Court of Appeals of North Carolina · Nov 2, 1982

Board of Transportation v. Brown, 34 N.C. App. 266, 268 , 237 S.E. 2d 854, 855 (1977), aff'd, 296 N.C. 250 , 249 S.E. 2d 803 (1978). … See Board of Transportation v. Warehouse, supra.

Board of Transportation v. Turner

37 N.C. App. 14 · Court of Appeals of North Carolina · Jun 20, 1978

See Hughes v. Highway Commission, 2 N.C. App. 1 , 162 S.E. 2d 661 (1968). *17 However, the interest reserved was limited in duration to ten (10) years.

Schooldev East

Court of Appeals of North Carolina · Jul 19, 2022

Brown v. Flowe, 349 N.C. 520, 522, 507 S.E.2d 894, 896 (1998). “[U]ndefined words in a statute ‘must be given their common and ordinary meaning’” when interpreting the plain language. … See Brown, 349 N.C. at 522, 507 S.E.2d at 896; In re Hardy, 294 N.C. at 95–96, 240 S.E.2d at 371.

Brown v. Foremost Affiliated Insurance Services, Inc.

158 N.C. App. 727 · Court of Appeals of North Carolina · Jul 1, 2003

Goins v. Puleo, 350 N.C. 277, 280 , 512 S.E.2d 748, 750 (1999). … Briley v.

Board of Transportation v. Powell

21 N.C. App. 95 · Court of Appeals of North Carolina · Mar 6, 1974

Brown Bros. Harriman Trust Co. v. Benson

202 N.C. App. 283 · Court of Appeals of North Carolina · Feb 2, 2010

In Mercer v. … See Seawell v.