Case law

Peterkin v. Columbus County Board of Education

126 N.C. App. 826 · Court of Appeals of North Carolina · Jul 15, 1997

Rather than administratively appealing the Columbus County Board of Education’s decision to terminate his employment, Mr. Peterkin chose to file the subject action nearly three years later. … Sterling v. Southeastern Pennsylvania Transp. Authority, 897 F.Supp. 893, 896 (E.D.Pa. 1995) (citing Weldon v. Kraft, Inc., 896 F.2d 793, 796 (3d Cir. 1990); O’Brien v. City of Philadelphia, 837 F.

Board of Transportation v. Rand

42 N.C. App. 202 · Court of Appeals of North Carolina · Jul 3, 1979

Kirkman v. Highway Commission, 257 N.C. 428, 433 , 126 S.E. 2d 107, 111 (1962). Special benefits are those which arise from the peculiar relation of the land in question to the public improvement. … Templeton v. Highway Commission, 254 N.C. 337 , 118 S.E. 2d 918 (1961).

Eastern Outdoor, Inc. v. Board of Adjustment

150 N.C. App. 516 · Court of Appeals of North Carolina · Jun 4, 2002

Where the petitioner asserts that the board’s decision is based on an error of law, de novo review is proper. See Westminster Homes, Inc. v. Town of Cary Zoning Bd. of Adjust., 140 N.C. … See Town of Hillsborough v.

Nationsbank of North Carolina, N.A. v. Brown

118 N.C. App. 576 · Court of Appeals of North Carolina · Apr 18, 1995

Brown and Thomas F. … Guaranty § 72 (1943); First Citizens Bank & Trust Co. v. McLamb, 112 N.C. App. 645, 649 , 439 S.E.2d 166, 168 (1993).

Godfrey v. Union County Board of Commissioners

61 N.C. App. 100 · Court of Appeals of North Carolina · Mar 1, 1983

See, e.g., Lathan v. Board of Commissioners, 47 N.C. App. 357 , 267 S.E. 2d 30 , disc. rev. denied, 301 N.C. 92 , 273 S.E. 2d 298 (1980). … As our Supreme Court stated in Blades v.

Parsons v. Alleghany County Board of Education

4 N.C. App. 36 · Court of Appeals of North Carolina · Feb 26, 1969

Conrad v. Motor Express, 265 N.C. 427 , 144 S.E. 2d 269 . In the case of Kirby v. … Luck v. Rice, 182 Va. 373 , 29 S.E. 2d 238 ; Unger v. Rackley, supra.

Kelly v. Kelly

228 N.C. App. 600 · Court of Appeals of North Carolina · Aug 6, 2013

Reginald Brown Kelly (“defendant”) appeals from an order denying his motion to modify alimony. … Britt v. Britt, 49 N.C.

Jordan v. Civil Service Board of Charlotte

153 N.C. App. 691 · Court of Appeals of North Carolina · Nov 5, 2002

Wallace v. Board of Tr., 145 N.C. App. 264, 274 , 550 S.E.2d 552, 558 , disc. review denied, 354 N.C. 580 , 559 S.E.2d 553 (2001). … Similarly, our Supreme Court in Crump v.

Hassell v. Onslow County Board of Education

182 N.C. App. 1 · Court of Appeals of North Carolina · Mar 6, 2007

The Commission determined that plaintiff’s generalized anxiety disorder was not due to causes and conditions characteristic of and peculiar to her employment as a sixth-grade teacher with the Onslow County Board of Education … Matthews v. City of Raleigh, 160 N.C. App. 597, 600 , 586 S.E.2d 829, 833 (2003).

Spartan Equipment Co. v. Troitino & Brown, Inc.

46 N.C. App. 343 · Court of Appeals of North Carolina · Apr 15, 1980

Craver v. Craver, 298 N.C. 231 , 258 S.E. 2d 357 (1979); State v. Brown, 42 N.C. App. 724 , 257 S.E. 2d 668 (1979). For the reasons stated above, the appeal is Dismissed. Judges MARTIN (Robert M.) and WEBB concur.

Goodwin v. Goldsboro City Board of Education

67 N.C. App. 243 · Court of Appeals of North Carolina · Mar 20, 1984

The applicable standard of judicial review for an appeal of a school board decision is set forth in G.S. 150A-51. Overton v. Board of Education, 304 N.C. 312 , 283 S.E. 2d 495 (1981); Faulkner v. … Overton v. Board of Education, 304 N.C. at 322 , *246 283 S.E. 2d at 501 ; Faulkner v. Board of Education, 65 N.C. App. at 486 , 309 S.E. 2d at 550 .

Boston v. N.C. Private Protective Services Board

96 N.C. App. 204 · Court of Appeals of North Carolina · Nov 7, 1989

Id. at 238 , 293 S.E.2d at 176 , citing Thompson v. Wake Cty. Board of Education, 292 N.C. 406 , 233 S.E.2d 538 (1977). … It is clear that the trial court was correct when it found that the Board did not consider petitioner’s experience. In his proposal for decision, the ALJ relied on King v. Board, 82 N.C.

Federal Paper Board Co. v. Kamyr, Inc.

101 N.C. App. 329 · Court of Appeals of North Carolina · Jan 15, 1991

Ballenger v. Crowell, 38 N.C. App. 50 , 247 S.E.2d 287 (1978). … Alva v. Cloninger, 51 N.C. App. 602 , 277 S.E.2d 535 (1981).

Barringer v. Caldwell County Board of Education

123 N.C. App. 373 · Court of Appeals of North Carolina · Aug 6, 1996

. § 150B-51] are applicable to appeals from school boards to the courts”); and Owen v. UNC-G Physical Plant, 121 N.C. … Cr ump v. Durham Co. Board of Education, 74 N.C. App. 77, 80 , 327 S.E.2d 599, 601 (1985); Nestler v. Chapel Hill/Carrboro Bd. of Educ., 66 N.C. App. 232, 238 , 311 S.E.2d 57, 60 (1984).

Newgent v. Buncombe County Board of Education

114 N.C. App. 407 · Court of Appeals of North Carolina · Apr 19, 1994

Etheridge v. Graham, 14 N.C. App. 551 , 188 S.E.2d 551 (1972). … See G.S. § 143-293; Mitchell v. Board of Education, 1 N.C. App. 373 , 161 S.E.2d 645 (1968). For the reasons stated above, the order concluding that the Commission lacked jurisdiction over the claim is hereby Affirmed.

Bailey & Associates, Inc. v. Wilmington Board of Adjustment

202 N.C. App. 177 · Court of Appeals of North Carolina · Feb 2, 2010

App. 391, 393 , 574 S.E.2d 157, 160 (2002) (quoting Sun Suites Holdings, LLC v. Board of Aldermen of Town of Garner, 139 N.C. … The superior court’s scope of review on certiorari is limited to errors alleged to have occurred before the local board. See Godfrey v.

Jirtle v. Board of Adjustment of Biscoe

175 N.C. App. 178 · Court of Appeals of North Carolina · Dec 20, 2005

Petitioners again appéaled the decision to the board. The board upheld the decision of the zoning administrator on 9 August 2004. … A decision of a board of adjustment may be reviewed by a trial court upon the issuance of a writ of certiorari, in which case-the trial court sits as an appellate court. Tate Terrace Realty Investors, Inc. v.

Revels v. Robeson County Board of Elections

167 N.C. App. 358 · Court of Appeals of North Carolina · Dec 7, 2004

Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57, 63 , 414 S.E.2d 339, 342 (1992). Analysis Plaintiff brings forth two arguments for our review. … See Walker v. Bd. of Trustees of the N.C. Local Gov’t Emp. Ret. Sys., 348 N.C. 63, 66 , 499 S.E.2d 429, 431 (1998) (“Retirement ends employment.”).

Moore County Ex Rel. Child Enforcement Agency v. Brown

142 N.C. App. 692 · Court of Appeals of North Carolina · Apr 3, 2001

App. 294, 296 , 524 S.E.2d 577, 581 (2000) (quoting White v. … See, e.g., Maney v. Maney, 126 N.C.

Hudson v. Board of Transportation

25 N.C. App. 435 · Court of Appeals of North Carolina · Apr 16, 1975

as a matter of law under an essentially identical provision in a right-of-way agreement that an adjoining property owner is not entitled to direct access to a ramp, Justice Moore, speaking for our Supreme Court, Abdalla v.