Case law

Opinions from 1658 to today.

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  • Farris v. Burke County Board of Education

    143 N.C. App. 77 · Court of Appeals of North Carolina · Apr 17, 2001

    See Baxter v. Poe, 42 N.C. … In conducting a “whole record” review, the board must review all the evidence that was admitted by the case manager. See Taborn v. Hammonds, 324 N.C. 546, 551 , 380 S.E.2d 513, 516 (1989).

    Cited 1 timesPublished
  • Streeter v. Greene County Board of Education

    115 N.C. App. 452 · Court of Appeals of North Carolina · Jul 5, 1994

    On or about 3 August 1992, the Board denied plaintiffs request. On 24 August 1992 plaintiff appeared before the Board to renew her request. The Board declined to act on this request. … Sneed v. Greensboro Board of Education, 299 N.C. 609, 617 , 264 S.E.2d 106, 112-13 (1980) (latter emphasis added).

    Cited 1 timesPublished
  • Watkins v. State Board of Alcoholic Control

    14 N.C. App. 19 · Court of Appeals of North Carolina · Mar 29, 1972

    Food Stores v. Board of Alcoholic Control, 268 N.C. 624 , 151 S.E. 2d 582 . … To paraphrase the Supreme Court in Food Stores v.

    Cited 1 timesPublished
  • Sullivan v. Wake County Board of Education

    165 N.C. App. 482 · Court of Appeals of North Carolina · Jul 20, 2004

    In re Peoples, 296 N.C. 109, 147 , 250 S.E.2d 890 , cert. denied, Peoples v. Judicial Standards Comm., 442 U.S. 929 , 61 L. Ed. 2d 297 (1979) (citations omitted). … Crumpler v. Thornburg, 92 N.C. App. 719, 723 , 375 S.E.2d 708, 711 (citation omitted), disc. review denied, 324 N.C. 543 , 380 S.E.2d 770 (1989).

    Cited 1 timesPublished
  • Craven County Board of Education v. Willoughby

    121 N.C. App. 495 · Court of Appeals of North Carolina · Feb 6, 1996

    In re Annexation Ordinance, 296 N.C. 1, 15 , 249 S.E.2d 698, 706 (1978) (quoting Hall v. Board of Education, 280 N.C. 600, 605 , 187 S.E.2d 52, 55 (1972)). … Vinson Realty Co. v. Honig, 88 N.C. App. 113, 116 , 362 S.E.2d 602, 603 (1987).

    Cited 1 timesPublished
  • Duplin County Board of Education v. Carr

    15 N.C. App. 690 · Court of Appeals of North Carolina · Aug 23, 1972

    North Carolina, its successors or assigns, when the Board of Education abandoned the property for school purposes. … Blackwell v. Blackwell, 124 N.C. 269 .” This principle of law has no application under the facts of this case. In Lackey v.

    Cited 1 timesPublished
  • Satorre v. New Hanover County Board of Commissioners

    165 N.C. App. 173 · Court of Appeals of North Carolina · Jul 6, 2004

    See Hedrick v. Rains, 121 N.C. … Combs v. Town of Belhaven, 106 N.C. App. 71, 73 , 415 S.E.2d 91, 92 (1992); see also Dawes v.

    Cited 26 timesPublished
  • Hoover v. Charlotte-Mecklenburg Board of Education

    87 N.C. App. 417 · Court of Appeals of North Carolina · Oct 20, 1987

    Tanner v. Dept. of Correction, 19 N.C. App. 689 , 200 S.E. 2d 350 (1973).

    Cited 1 timesPublished
  • Allen v. City of Burlington Board of Adjustment

    100 N.C. App. 615 · Court of Appeals of North Carolina · Nov 20, 1990

    Concerned Citizens of Downtown Asheville v. Board of Adjustment of the City of Asheville, 94 N.C. App. 364 , 380 S.E.2d 130 (1989). … See Cieszko v. Clark, 92 N.C. App. 290 , 374 S.E.2d 456 (1988).

    Cited 15 timesPublished
  • Board of Transportation v. Terminal Warehouse Corp.

    44 N.C. App. 81 · Court of Appeals of North Carolina · Dec 4, 1979

    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, e.g., Yowmans v. Hendersonville, 175 N.C. 574 , 96 S.E. 45 (1918); Dunlap v. Light Co., 212 N.C. 814 , 195 S.E. 43 (1938); Midgett v.

    Reversed on other grounds by Board of Transportation v. Terminal Warehouse Corp., 300 N.C. 700 (1980)Cited 2 timesPublished
  • Parrish v. North Carolina Real Estate Licensing Board

    41 N.C. App. 102 · Court of Appeals of North Carolina · May 1, 1979

    with violating that section of the statute. *104 The Board is an administrative agency subject to the requirements of Chapter 150A of the North Carolina General Statutes. … Licensing Board v. Woodard, 27 N.C. App. 398 , 219 S.E. 2d 271 , cert. denied, 288 N.C. 731 , 220 S.E. 2d 621 (1975).

    Cited 9 timesPublished
  • Lee v. Union County Board of Commissioners

    65 N.C. App. 810 · Court of Appeals of North Carolina · Jan 3, 1984

    of Commissioners after considering the advice of the Planning Board, shall find that there have been substantial changes in conditions or circumstances bearing on the application. … The Union County Board of Commissioners is the only body with the authority to deny a rezoning petition under the Union County Zoning Ordinance. In this case, the Commissioners granted both petitions.

    Cited 0 timesPublished
  • Transland Properties, Inc. v. Board of Adjustment

    18 N.C. App. 712 · Court of Appeals of North Carolina · Jul 25, 1973

    Town of Hillsborough v. Smith, 276 N.C. 48 , 170 S.E. 2d 904 , 49 A.L.R. 3d 1 (1969). … In Town of Hillsborough v.

    Cited 3 timesPublished
  • Elshoff v. North Carolina Board of Nursing

    189 N.C. App. 369 · Court of Appeals of North Carolina · Mar 18, 2008

    The Board also argues that the Court should give deference to the Board’s interpretation of its own rules, see Best *372 v. N.C. State Bd. of Dental Examiners, 108 N.C. … (internal citations and internal quotations omitted); State v.

    Cited 0 timesPublished
  • Long v. Winston-Salem Board of Adjustment

    22 N.C. App. 191 · Court of Appeals of North Carolina · Jun 19, 1974

    A board of adjustment’s denial of a special use permit should be based on findings of fact supported by competent, material and substantial evidence. Refining Co. v. … Board of Aldermen, 284 N.C. 458 , 202 S.E. 2d 129 , and cases cited therein. The Board made no findings of fact.

    Cited 1 timesPublished
  • Burrow v. Randolph County Board of Education

    61 N.C. App. 619 · Court of Appeals of North Carolina · Apr 19, 1983

    To estop the Board on the points raised in the brief on this assignment of error while the Board was exercising a governmental and sovereign right might, as the rationale is expressed in Washington v. … See Henderson v.

    Cited 3 timesPublished
  • Kelly v. Carteret County Board of Education

    149 N.C. App. 188 · Court of Appeals of North Carolina · Mar 5, 2002

    Tina Kelly (Plaintiff) appeals an order filed 19 January 2001 granting a motion to dismiss in favor of Carteret County Board of Education, David Lenker, Jr., Renee Newman, and John Welmers (collectively, Defendants). … See Coman v. Thomas Manufg. Co., Inc., 325 N.C. 172, 175 , 381 S.E.2d 445, 447 (1989) (a cause of action exists for wrongful discharge for refusal to violate public policy).

    Cited 1 timesPublished
  • Britt v. North Carolina State Board of Education

    86 N.C. App. 282 · Court of Appeals of North Carolina · Jul 7, 1987

    See also generally, Board of Education v. Board of Commissioners, 26 N.C. App. 114 , 214 S.E. 2d 412 (1975). … In Brown v.

    Cited 13 timesPublished
  • Rivenbark v. Pender County Board of Education

    94 N.C. App. 703 · Court of Appeals of North Carolina · Jul 18, 1989

    In this suit by a school board member against the Pender County Board of Education (“Board”), the question presented is whether the Board could renew the county superintendent’s contract in the last fiscal year of the contract … , argues that the legislature intended in Section 115C-271 to prohibit a “lame duck” board from imposing an unwanted superintendent upon an incoming board.

    Cited 0 timesPublished
  • Cafiero v. North Carolina Board of Nursing

    102 N.C. App. 610 · Court of Appeals of North Carolina · May 7, 1991

    a different result had the matter been before it de novo. ” Thompson v. … Hobbs v. Moore County, 267 N.C. 665, 671 , 149 S.E.2d 1, 5 (1966). Petitioner maintains that the Board misinterpreted § 90-171.37(4) not only with regard to “engages” but also with regard to “conduct.”

    Cited 1 timesPublished

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