Case law

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.

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.

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.

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.”

Foster v. NASH-ROCKY MOUNT CTY. BD. OF EDUC.

665 S.E.2d 745 · Court of Appeals of North Carolina · Jul 15, 2008

James v. Board of Education, 60 N.C.App. 642, 648 , 300 S.E.2d 21, 24 (1983); Payne, 95 N.C.App. at 313 , 382 S.E.2d at 452 . … Further, even were we to address the theory of respondeat superior, defendant Board would only be liable for torts committed by defendant Brown, its agent. See, e.g., Snow v.

Hardy v. Beaufort County Board of Education

201 N.C. App. 132 · Court of Appeals of North Carolina · Nov 17, 2009

in Leandro v. … Watson v. Beckel, 242 F.3d 1237, 1242 (10th Cir. 2001).

Mann Media, Inc. v. Randolph County Planning Board

142 N.C. App. 137 · Court of Appeals of North Carolina · Feb 6, 2001

Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E.2d 379, 383 (1980). … Board of Aldermen, 284 N.C. 458, 468 , 202 S.E.2d 129, 136 (1974), and their application was properly denied. *141 In Sun Suites Holdings, L.L.C. v. Board of Aldermen of Garner, 139 N.C.

Calabria v. North Carolina State Board of Elections

198 N.C. App. 550 · Court of Appeals of North Carolina · Aug 4, 2009

Lide v. Mears, 231 *554 N.C. 111, 117, 56 S.E.2d 404, 409 (1949). … Morris v. Morris, 245 N.C. 30, 36 , 95 S.E.2d 110, 114 (1956).

Morgan v. Polk County Board of Education

74 N.C. App. 169 · Court of Appeals of North Carolina · Apr 16, 1985

The State Board of Education therefore derives its powers from both the Constitution and the General Assembly. See Guthrie v. … Harris v. Board of Commissioners, 274 N.C. 343 , 163 S.E. 2d 387 (1968); Frazier v. Board of Commissioners, 194 N.C. 49 , 138 S.E. 433 (1927).

North Carolina Real Estate Licensing Board v. Gallman

52 N.C. App. 118 · Court of Appeals of North Carolina · May 19, 1981

The leading case on this subject is Rattray v. Scudder, 28 Cal. 2d 214 , 169 P. 2d 371 , 164 A.L.R. 1356 (1946), and its holding has been approved in other cases. See Bell v. Scudder, 78 Cal. … App. 2d 448 , 177 P. 2d 796 , cert. denied, 332 U.S. 792 , 92 L.Ed. 374 , 68 S.Ct. 102 (1947); Vigli v. Davis, 79 Cal. App. 2d 237 , 179 P. 2d 586 (1947); Wells Fargo Bank v. Dowd, 139 Cal.

N. C. Real Estate Licensing Board v. Coe

19 N.C. App. 84 · Court of Appeals of North Carolina · Jul 25, 1973

We disagree with the Board’s action and hold that the superior court erred in affirming the order suspending defendant’s license. … Ellington v. Bradford, 242 N.C. 159 , 86 S.E. 2d 925 (1955); McKinney v. Deneen, 231 N.C. 540 , 58 S.E. 2d 107 (1950). Suffice to say, governmental regulation of real estate brokers was unknown to the common law.

Procter v. City of Raleigh Board of Adjustment

133 N.C. App. 181 · Court of Appeals of North Carolina · May 4, 1999

State Employees’ Credit Union, Inc. v. Gentry, 75 N.C. App. 260 , 330 S.E.2d 645 (1985). … See, e.g., Watson v. Ben Griffin Realty and Auction, 128 N.C. App. 61 , 493 S.E.2d 331 (1997) (Walker, J., concurring); State v. Smith, 130 N.C. App. 600 , 503 S.E.2d 674 (1998); Black v.

Board of Transportation v. Lyckan Development Co.

53 N.C. App. 511 · Court of Appeals of North Carolina · Aug 18, 1981

Highway Commission v. Conrad, 263 N.C. 394 , 139 S.E. 2d 553 (1965). One factor Mr.

Garrity v. Morrisville Zoning Board of Adjustment

115 N.C. App. 273 · Court of Appeals of North Carolina · Jun 21, 1994

(emphasis added); Midgette v. Pate, 94 N.C. … In Little v. City of Locust, 83 N.C.

Crump v. Durham County Board of Education

74 N.C. App. 77 · Court of Appeals of North Carolina · Apr 2, 1985

That question was considered and rejected in Nestler v. Chapel Hill/Carrboro City Schools Board of Education, 66 N.C. … evidence of probative value that might detract from all this direct evidence of petitioner’s failure to maintain good order in her classroom, and therefore must be considered under the “whole record” test laid down in Thompson v.

Arey v. Board of Light & Water Commission

50 N.C. App. 505 · Court of Appeals of North Carolina · Feb 3, 1981

Howell, Director of Utilities for the Board, which affidavit contains factual statements pertinent to the issue. … See Caldwell v. Deese, 288 N.C. 375, 380-81 , 218 S.E. 2d 379, 382-83 (1975); Page v. Sloan, 281 N.C. 697, 706 , 190 S.E. 2d 189, 194 (1972).

Kirby v. Board of Adjustment of Raleigh

95 N.C. App. 182 · Court of Appeals of North Carolina · Aug 15, 1989

In 1987, when Carter’s variance application was heard, the following rule had been adopted by the Raleigh Board of Adjustment: V. Appeals and Applications * * * * C. 4. Rehearings. … A rehearing shall be denied by the Board if in its judgment there has been no substantial change in the facts, evidence or conditions in the case. (Emphasis added.) In Refining Co. v.

North Carolina Board of Examiners for Speech & Language Pathologists & Audiologists v. North Carolina State Board of Education

77 N.C. App. 159 · Court of Appeals of North Carolina · Oct 1, 1985

Milk Commission v. Food Stores, 270 N.C. 323 , 154 S.E. 2d 548 (1967). … Alternatively, defendants contend that G.S. 90-294(b) prevents the licensing board from exercising any authority over any person holding any certificate from the State Board of Education and employed by a local board of education

P.A.W. v. Town of Boone Board of Adjustment

95 N.C. App. 110 · Court of Appeals of North Carolina · Aug 15, 1989

Coastal Ready-Mix Concrete Co. v. Board of Comm’rs of Town of Nags Head, 299 N.C. 620, 629 , 265 S.E.2d 379, 385 (1980) (emphasis added). … See State v.

Procter v. City of Raleigh Board of Adjustment

140 N.C. App. 784 · Court of Appeals of North Carolina · Dec 5, 2000

In reviewing a decision of a board of adjustment with respect to the application of a zoning ordinance, the superior court is to apply a de novo standard of review. Ayers v. … Concrete Co. v. Board of Commissioners, 299 N.C. 620, 629 , 265 S.E.2d 379, 385 .