Case law

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.

Clinton v. Wake County Board of Education

108 N.C. App. 616 · Court of Appeals of North Carolina · Jan 19, 1993

Warren v. Buncombe County Board of Education, 80 N.C. App. 656, 658 , 343 S.E.2d 225, 226 (1986). Thus, plaintiff is clearly covered under any protection Section 115C-326 provides. … Sigmon v. Poe, 528 F.2d 311, 312 (4th Cir. 1975) (citing Taylor v. Crisp, 286 N.C. 488 , 212 S.E.2d 381 (1975)).

Raleigh Rescue Mission, Inc. v. Board of Adjustment

153 N.C. App. 737 · Court of Appeals of North Carolina · Nov 5, 2002

Tucker v. Mecklenburg County Zoning Bd. of Adjustment, 148 N.C. App. 52, 55 , 557 S.E.2d 631, 634 (2001), disc. review allowed, 355 N.C. 758 , 566 S.E.2d 483 (2002). … See Midgette v. Pate, 94 N.C.

Abell v. Nash County Board of Education

89 N.C. App. 262 · Court of Appeals of North Carolina · Mar 15, 1988

Singleton v. … 39 v.

Zizzo v. Pender County Board of Education

175 N.C. App. 402 · Court of Appeals of North Carolina · Jan 3, 2006

Pender County Board of Education (“Pender County”) appeals from order entered dismissing its claims against Little Diversified Architectural Consulting, Inc. (Formerly Little & Associates Architects, Inc.) (“Little”). … Woodlief, Jr., Shuford North Carolina Civil Practice and Procedure § 14:2 (6th ed. 2003) (citing Horn v. Daniel, 315 F.2d 471 (10th Cir. 1962)); see also Hunter v. Kennedy, 128 N.C.

Hicks v. Wake County Board of Education

187 N.C. App. 485 · Court of Appeals of North Carolina · Dec 4, 2007

App. 742, 744 , 641 S.E.2d 695, 696 (2007) (quoting McGuire v. Draughon, 170 N.C. App. 422, 424 , 612 S.E.2d 428, 430 (2005)). … Id. at 744, 641 S.E.2d at 697 (citing McCutchen v.

Sun Suites Holdings, LLC v. Board of Aldermen

139 N.C. App. 269 · Court of Appeals of North Carolina · Aug 1, 2000

A legislative body such as the Board, when granting or denying a conditional use permit, sits as a quasi-judicial body. Refining Co. v. Board of Aldermen, 284 N.C. 458, 469 , 202 S.E.2d 129, 136-37 (1974). … Concrete Co. v. Board of Commissioners, 299 N.C. 620, 625 , 265 S.E.2d 379, 382 (1980).

Greenville City Board of Education v. Evans

21 N.C. App. 493 · Court of Appeals of North Carolina · May 15, 1974

Respondents contend that the Board is a necessary party inasmuch as the court cannot order that the land be taken when the taking cannot be accomplished as a matter of law. Vance County v. … Highway Comm. v. Hamilton, 5 N.C. App. 360 , 168 S.E. 2d 419 (1969).

Alexander v. Iredell County Board of Education

6 N.C. App. 92 · Court of Appeals of North Carolina · Sep 17, 1969

Howard v. Boyce, 254 N.C. 255 , 118 S.E. 2d 897 ; Simmons v. Box Co., supra; Hargrove v. Wilson, 148 N.C. 439 , 62 S.E. 520 ; Annotation, 88 A.L.R. 12 . … Rackley v. Roberts, 147 N.C. 201 , 60 S.E. 975 ; Hatcher v. Faison, 142 N.C. 364 , 55 S.E. 284 ; Williams v. Johnson, 112 N.C. 424 , 17 S.E. 496 ; England v. Garner, 90 N.C. 197 .

Withers v. Charlotte-Mecklenburg Board of Education

32 N.C. App. 230 · Court of Appeals of North Carolina · Jan 19, 1977

Etheridge v. Graham, 14 N.C. App. 551 , 188 S.E. 2d 551 (1972); Teer Co. v. Highway Commission, 265 N.C. 1 , 143 S.E. 2d 247 (1965). … G.S. 143-293; Mitchell v. Board of Education, 1 N.C. App. 373 , 161 S.E. 2d 645 (1968). The order concluding that the commission lacked jurisdiction over the claim is therefore Affirmed.

Willis v. City of Southport Board of Adjustment

129 N.C. App. 499 · Court of Appeals of North Carolina · May 19, 1998

action, Sherrill v. … See Smith v. Smith, 111 N.C.

Riddle v. Buncombe Cty. Bd. of Educ.

256 N.C. App. 72 · Court of Appeals of North Carolina · Oct 17, 2017

BUNCOMBE COUNTY BOARD OF EDUCATION; JAMES BEATTY, in his Individual Capacity, and in his Official Capacity with the Buncombe County Board of Education; and RODERICK BROWN, JR., in his Individual Capacity, and in his Official … Brown, Jr.

Archie v. Durham Pub. Sch. Bd. of Educ.

Court of Appeals of North Carolina · Jun 7, 2022

ARCHIE V. … ARCHIE V. DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION 2022-NCCOA-375 Opinion of the Court AFFIRMED. Judges DIETZ and JACKSON concur.

Craig v. Asheville City Board of Education

142 N.C. App. 518 · Court of Appeals of North Carolina · Mar 20, 2001

Claims alleging a violation of section 115C-325(m)(2) give rise to a right of action that should be resolved by the court and not the school board. See Sigmon v. Poe, 528 F.2d 311 (4th Cir. 1975). … See Hallman v. CharlotteMecklenburg Board of Education, 124 N.C. App. 435 , 477 S.E.2d 179 (1996); Orange County v. Heath, 282 N.C. 292, 294 , 192 S.E.2d 308, 309 (1972); see also N.C. Gen. Stat. § 115C-42 (1999).

Rose v. Currituck County Board of Education

83 N.C. App. 408 · Court of Appeals of North Carolina · Nov 25, 1986

Thompson v. Board of Education, 292 N.C. 406 , 233 S.E. 2d 538 (1977). As originally drafted, the statute did not contain the second paragraph of G.S. 115C-325(d)(2). … See Faison v. New Hanover Co. Board of Education, 75 N.C. App. 334 , 330 S.E. 2d 511 (1985). The order appealed from is reversed and this cause is remanded for a full trial on the merits. Reversed and remanded.

Jackson v. Guilford County Board of Adjustment

2 N.C. App. 408 · Court of Appeals of North Carolina · Sep 25, 1968

Krœmer v. Zoning Board of Review, 98 R.I. 328 , 201 A. 2d 643 ; Stacy v. … Board of Adjustment, supra, at 109. See also Durham County v. Addison, supra; Yancey v. Heafner, 268 N.C. 263 , 150 S.E. 2d 440 . The Jarrell decision is discussed and explained in Craver v.

Seipp v. Wake County Board of Education

132 N.C. App. 119 · Court of Appeals of North Carolina · Jan 19, 1999

Wake County Board of Education (Board) appeals from the denial of its summary judgment motion. … Hill v. Smith, 38 N.C. App. 625, 626 , 248 S.E.2d 455, 456 (1978); Colombo v. Dorrity, 115 N.C. App. 81, 83 , 443 S.E.2d 752, 754 , disc. review denied, 337 N.C. 689 , 448 S.E.2d 517 (1994).

Yoder v. Board of Commissioners

7 N.C. App. 712 · Court of Appeals of North Carolina · May 6, 1970

In Harris v. … See also Frazier v. Comrs., 194 N.C. 49 , 138 S.E. 433 (1927) and Harris v. Board of Commissioners, 1 N.C. App. 258, 161 S.E. 2d 213 (1968).

Anderson v. Jackson County Board of Education

76 N.C. App. 440 · Court of Appeals of North Carolina · Sep 3, 1985

Artis v. Artis, 228 N.C. 754 , 47 S.E. 2d 228 (1948). … See Lackey v. Board of Education, 258 N.C. 460 , 128 S.E. 2d 806 (1963), in which our Supreme Court reached the same result on similar facts. Defendant’s assignment of error is thus without merit.

Cowan v. N.C. Private Protective Services Board

98 N.C. App. 498 · Court of Appeals of North Carolina · May 15, 1990

In determining whether the Board’s findings and conclusions are supported by substantial evidence, we apply the “whole record” test. N.C.G.S. § 150B-51(b)(5); Watson v. North Carolina Real Estate Com’n, 87 N.C. … The Board must “consider all evidence of experience that is investigative in nature to determine if the applicant had the necessary experience.” Boston v. N.C. Private Protective Services Board, 96 N.C.