Case law

Opinions from 1658 to today.

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  • Reese v. Charlotte-Mecklenburg Board of Education

    196 N.C. App. 539 · Court of Appeals of North Carolina · May 5, 2009

    Burton v. Reidsville, 243 N.C. 405 , 90 S.E.2d 700 ; Kistler v. Board of Education, 233 N.C. 400 , 64 S.E.2d 403 ; Waldrop v. Hodges, supra; Jackson v. Commissioners, 171 N.C. 379 , 88 S.E. 521 ; Commissioners v. … V.

    Cited 16 timesPublished
  • John Wm. Brown Co. v. State Employees' Credit Union

    231 N.C. App. 264 · Court of Appeals of North Carolina · Dec 3, 2013

    Litvak v. Smith, 180 N.C. App. 202, 205-06 , 636 S.E.2d 327, 329 (2006). … Teachey v. Gurley, 214 N.C. 288 , 199 S.E. 83 (1938).

    Cited 1 timesPublished
  • Bennett v. Hertford County Board of Education

    69 N.C. App. 615 · Court of Appeals of North Carolina · Jul 17, 1984

    Overton v. Board of Education, 304 N.C. 312 at 322 , 283 S.E. 2d 495 at 501 (1981). See also Thompson v. Board of Education, 292 N.C. 406 , 233 S.E. 2d 538 (1977); Goodwin v. Goldsboro City Board of Education, 67 N.C. … E.g., Tilton v. Board of Education, 25 Cal. App. 2d 746 , 78 P. 2d 474 (1938); Gould v. Board of Education, 32 Ill. App. 808 , 336 N.E. 2d 69 (1975); Smith v. Board of Education, 293 N.W. 2d 221 (Iowa, 1980).

    Cited 11 timesPublished
  • Frink v. North Carolina Board of Transportation

    27 N.C. App. 207 · Court of Appeals of North Carolina · Oct 15, 1975

    In the act establishing the State Highway Commission (Now Board of Transportation), the General Assembly has expressly granted to it the power of eminent domain. G.S. 136-18, State Hwy. Comm’n. v. Matthis, 2 N.C. … Morganton v. Hutton & Bourbonnais Co., 251 N.C. 531 , 112 S.E. 2d 111 (1960). Thus, the Board of Transportation has the statutory authority to determine the nature and extent of the property required for its purposes.

    Cited 13 timesPublished
  • Cobb v. Rocky Mount Board of Education

    102 N.C. App. 681 · Court of Appeals of North Carolina · May 7, 1991

    The petitioner initially appealed to the Superior Court of Edgecombe County following a denial by the Rocky Mount Board of Education of his request to be reinstated as a school employee. … This case is controlled by the recent decision of Stachlowski v.

    Cited 8 timesPublished
  • Hallman v. Charlotte-Mecklenburg Board of Education

    124 N.C. App. 435 · Court of Appeals of North Carolina · Nov 5, 1996

    A local board of education is immune from suit and may not be liable in a tort action unless the Board has duly waived its governmental immunity. Fields v. … Overcash v. Statesville City Bd. of Educ., supra; Estrada v. Jaques, 70 N.C. App. 627 , 321 S.E.2d 240 (1984); Ballinger v. Secretary of Revenue, 59 N.C.

    Cited 22 timesPublished
  • Coomer v. Lee County Board of Education

    220 N.C. App. 155 · Court of Appeals of North Carolina · Apr 17, 2012

    Board of Education policy, State rule, or local board policy[.]” … . §§ 115C-2, 150B-2(la) (2011), our appellate courts have consistently applied the standards for judicial review set out in § 150A-51 to appeals from school boards to the courts, e.g., Overton v.

    Cited 4 timesPublished
  • Bray v. State Board of Education

    21 N.C. App. 225 · Court of Appeals of North Carolina · Apr 3, 1974

    Cited 0 timesPublished
  • Williams v. Alexander County Board of Education

    128 N.C. App. 599 · Court of Appeals of North Carolina · Feb 17, 1998

    Plaintiffs appeal the trial court’s grant' of summary judgment in favor of defendant Alexander County Board of Education (the Board). We reverse the order of the trial court. … Hannah v. Commissioners, 176 N.C. 395, 396 , 97 S.E. 160, 161 (1918).

    Cited 21 timesPublished
  • Hentz v. Asheville City Board of Education

    189 N.C. App. 520 · Court of Appeals of North Carolina · Apr 1, 2008

    , State rule, or local board policy[.]” … Justice for Animals, Inc. v. Robeson County, 164 N.C.

    Cited 11 timesPublished
  • Peele v. Wilson County Board of Education

    56 N.C. App. 555 · Court of Appeals of North Carolina · Apr 6, 1982

    See also Whetsell v. Jernigan, 291 N.C. 128 , 229 S.E. 2d 183 (1976); Kennedy v. Kennedy, 236 N.C. 419 , 72 S.E. 2d 869 (1952). … This contention was considered in College v.

    Cited 8 timesPublished
  • Gattis v. Scotland County Board of Education

    173 N.C. App. 638 · Court of Appeals of North Carolina · Oct 4, 2005

    Thus, the statute mandates that a probationary teacher must appeal a school board’s decision within thirty days of notification. See State v. … Powe v. Odell, 312 N.C. 410, 416 , 322 S.E.2d 762, 765 (1984); see also State v. Woods, 307 N.C. 213, 219-20 , 297 S.E.2d 574, 578 (1982); City of Durham v. Manson, 285 N.C. 741, 743 , 208 S.E.2d 662, 664 (1974).

    Cited 6 timesPublished
  • Long v. Cabarrus County Board of Education

    52 N.C. App. 625 · Court of Appeals of North Carolina · Jun 16, 1981

    The service was therefore defective and insufficient to obtain personal jurisdiction over the Board of Education. Id. at 515, 259 S.E. 2d at 363 ; see also, Hassell v. … Stone v. Hicks, 45 N.C. App. 66, 67 , 262 S.E. 2d 318, 319 (1980); accord, Hall v. Lassiter, 44 N.C. App. 23, 25 , 260 S.E. 2d 155, 157 (1979), disc. rev. denied, 299 N.C. 330 , 265 S.E. 2d 395 (1980). Reversed.

    Cited 4 timesPublished
  • Robbins v. Wake County Board of Education

    151 N.C. App. 518 · Court of Appeals of North Carolina · Jul 16, 2002

    Wake County Board of Education (“defendant”) appeals an opinion and award of the North Carolina Industrial Commission awarding compensation to W. Glen Robbins, Jr. … Lumley v. Dancy Construction Co., 79 N.C. App. 114, 122 , 339 S.E.2d 9, 14 (1986) (citing Booker v. Medical Center, 297 N.C. 458 , 256 S.E.2d 189 (1979)).

    Cited 6 timesPublished
  • Adkins v. Stanly County Board of Education

    203 N.C. App. 642 · Court of Appeals of North Carolina · May 4, 2010

    See Wood v. … Pratt v. Staton, 147 N.C.

    Cited 7 timesPublished
  • Evers v. Pender County Board of Education

    104 N.C. App. 1 · Court of Appeals of North Carolina · Sep 3, 1991

    In Thompson v. … State v. Schultz, 88 N.C. App. 197, 203 , 362 S.E.2d 853, 857 (1987) (citing State v. Brown, 280 N.C. 588 , 187 S.E.2d 85 , cert. denied, 409 U.S. 870 , 34 L.Ed.2d 121 (1972)).

    Cited 11 timesPublished
  • Hardy v. Beaufort County Board of Education

    200 N.C. App. 403 · Court of Appeals of North Carolina · Oct 20, 2009

    White v. Pate, 308 N.C. 759, 764 , 304 S.E.2d 199, 202 (1983). … Presnell v. Pell, 298 N.C. 715, 721 , 260 S.E.2d 611, 615 (1979).

    Cited 8 timesPublished
  • Draughon v. Harnett County Board of Education

    166 N.C. App. 449 · Court of Appeals of North Carolina · Oct 5, 2004

    Id. at 247-48, 468 S.E.2d at 604 ; Lynch v. … Id.; *455 Lemons v. Old Hickory Council, Boy Scouts, Inc., 322 N.C. 271, 275 , 367 S.E.2d 655, 657 (1988). See also Johnson v. City of Raleigh, 98 N.C.

    Cited 10 timesPublished
  • Clary v. Alexander County Board of Education

    19 N.C. App. 637 · Court of Appeals of North Carolina · Dec 4, 1973

    These rules apply to a public school or board of education just as they apply to any other landlord, if the board of education has waived the defense of sovereign immunity (as defendant has done in the present case) by purchasing … Adams v. Board of Education, 248 N.C. 506, 511 , 103 S.E. 2d 854, 857 ; accord, 6 Strong, N.C. Index 2d, Negligence, § 13, pp. 33-34.

    Reversed on other grounds by Clary v. Alexander County Board of Education, 286 N.C. 525 (1975)Cited 6 timesPublished
  • Hoke County Board of Education v. State

    222 N.C. App. 406 · Court of Appeals of North Carolina · Aug 21, 2012

    In Leandro v. … Bd. of Educ. v.

    Cited 2 timesPublished

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