Case law

Heath ex rel. Heath v. Board of Commissioners

40 N.C. App. 233 · Court of Appeals of North Carolina · Mar 6, 1979

See Board of Commissioners v. George, 182 N.C. 414 , 109 S.E. 77 (1921). 292 N.C. at 373, 233 S.E. 2d at 891-892. … O’Brien v. O’Brien, 266 N.C. 502 , 146 S.E. 2d 500 (1966); State v. Edwards, 27 N.C. App. 369 , 219 S.E. 2d 249 (1975); Wood v. Brown, 25 N.C. App. 241 , 212 S.E. 2d 690 (1975).

Davis v. Town of Stallings Board of Adjustment

141 N.C. App. 489 · Court of Appeals of North Carolina · Dec 29, 2000

If a petitioner contends the Board’s decision was based on an error of law, de novo review is proper. JWL Invs., Inc. v. Guilford County Bd. of Adjust., 133 N.C. … Fedoronko v. American Defender Life Ins. Co., 69 N.C. App. 655, 657-58 , 318 S.E.2d 244, 246 (1984). The foregoing principle was applied in Gray v. Hoover, 94 N.C.

Premier Plastic Surgery Center, PLLC v. Board of Adjustment

213 N.C. App. 364 · Court of Appeals of North Carolina · Jul 19, 2011

“Findings of fact are an important safeguard against arbitrary and capricious action by the Board of Adjustment because they establish a sufficient record upon which this Court can review the Board’s decision.” Crist v. … See Mecklenburg Cnty. v. Westbery, 32 N.C.

Davie County Department of Social Services ex rel. Brown v. Jones

62 N.C. App. 142 · Court of Appeals of North Carolina · May 3, 1983

Love v. *143 Moore, 305 N.C. 575 , 291 S.E. 2d 141 (1982); Bailey v. Gooding, 301 N.C. 205 , 270 S.E. 2d 431 (1980). Appeal dismissed. Judges Hedrick and Arnold concur.

Bashford v. North Carolina Licensing Board for General Contractors

107 N.C. App. 462 · Court of Appeals of North Carolina · Sep 15, 1992

Savings and Loan League v. … In Cole v. Duke Power Co., 81 N.C.

Farlow v. North Carolina State Board of Chiropractic Examiners

76 N.C. App. 202 · Court of Appeals of North Carolina · Aug 6, 1985

The appellant argues that the decision of the Board is null and void. *208 He relies on Refining Co. v. Board of Aldermen, 284 N.C. 458 , 202 S.E. 2d 129 (1974); Snow v. … Harris, 216 N.C. 746 , 6 S.E. 2d 854 (1940) and Drug Centers v. Board of Pharmacy, 21 N.C.

CIVIL SERVICE BOARD OF CITY OF CHARLOTTE v. Page

2 N.C. App. 34 · Court of Appeals of North Carolina · Aug 14, 1968

A civil service board, when passing on the dismissal of an employee, is acting in a quasi-judicial capacity. Bratcher v. Winters, 269 N.C. 636 ; 15 Am. Jur. 2d, Civil Service, § 38. … Jarrell v. Board of Adjustment, supra; Branche v. Board of Trustees, 141 N.Y.S. 2d 477 ; State v. Board of Commissioners of Fargo, 63 N.D. 33 , 245 N.W. 887 ; State v. Milwaukee, 157 Wis. 505, 511 , 147 N.W. 50 .

Cardwell v. Town of Madison Board of Adjustment

102 N.C. App. 546 · Court of Appeals of North Carolina · Apr 16, 1991

Coastal Ready-Mix Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E.2d 879, 383 (1980). … Pelham Realty Corp. v. Board of Transportation, 303 N.C. 424, 434 , 279 S.E.2d 826, 832 (1981). The same principle applies when construing a zoning ordinance.

Brown v. Take 5 LLC

Court of Appeals of North Carolina · Jan 7, 2026

-3-  BROWN V. … -7-  BROWN V.

321 News & Video, Inc. v. Zoning Board of Adjustment

174 N.C. App. 186 · Court of Appeals of North Carolina · Oct 18, 2005

In Sherrill v. … See also Godfrey v.

Warren v. New Hanover County Board of Education

104 N.C. App. 522 · Court of Appeals of North Carolina · Nov 19, 1991

Piver v. Pender County Board of Education, 835 F.2d 1076, 1078 (4th Cir. 1987), cert. denied, 487 U.S. 1206 , 108 S.Ct. 2847 , 101 L.Ed.2d 885 (1988) (citing Connick v. … Pickering v. Board of Education, 391 U.S. 563, 569-70 , 88 S.Ct. 1731, 1735 , 20 L.Ed.2d 811, 818 (1968).

Clark v. North Carolina Board of Alcoholic Control

14 N.C. App. 464 · Court of Appeals of North Carolina · May 24, 1972

than five per centum (5%) and not more than fourteen per centum (14%) of absolute alcohol, the per centum of alcohol to be reckoned by volume, which wine has been approved as to identity, quality and purity by the State Board … of Health, and it shall be legal to sell said wines in drugstores and grocery stores for off premises consumption; such sales however shall be subject to the rules and regulations of the State Alcoholic Beverage Control Board

Concerned Citizens of Downtown Asheville v. Board of Adjustment

94 N.C. App. 364 · Court of Appeals of North Carolina · Jun 20, 1989

Heery v. Town of Highlands Zoning Board of Adjustment, 61 N.C. App. 612 , 300 S.E. 2d 869 (1983). … Id. at 613 , 300 S.E. 2d at 870 , citing Pigford v. Board of Adjustment, 49 N.C. App. 181 , 270 S.E. 2d 535 (1980), disc. rev. denied and appeal dismissed, 301 N.C. 722 , 274 S.E. 2d 230 (1981); Jackson v.

Donnelly v. Board of Adjustment of Village of Pinehurst

99 N.C. App. 702 · Court of Appeals of North Carolina · Aug 7, 1990

Concrete Co. v. … Lee v. Board of Adjustment, 226 N.C. at 112 , 37 S.E.2d at 132 , 168 A.L.R. at 6 .

Morris Communications Corp. v. Board of Adjustment for Gastonia

159 N.C. App. 598 · Court of Appeals of North Carolina · Aug 5, 2003

“When the Superior Court grants certiorari to review a decision of the Board, it functions as an appellate court rather than.a trier of fact.” Hopkins v. Nash Cty, 149 N.C. App. 446, 447 , 560 S.E.2d 592, 593-94 (2002). … Hayes v. Fowler, 123 N.C. App. 400, 404 , 473 S.E.2d 442, 444 (1996).

Days Inn of America, Inc. v. Board of Transportation

24 N.C. App. 636 · Court of Appeals of North Carolina · Feb 19, 1975

[have been] made available to the State for the purpose” of controlling outdoor advertising “and the Board of Transportation has entered into an agreement with the Secretary of Transportation” with respect to the control … See McClure v. Township of Oxford, 94 U.S. 429 (1877). It is very doubtful whether petitioner could have determined the existence of Morawski’s letter at or prior to the time it purchased the billboards from Ever-Glo.

Wilkes v. North Carolina State Board of Alcoholic Control

44 N.C. App. 495 · Court of Appeals of North Carolina · Jan 8, 1980

Charles Stores Co., Inc. v. Tucker, 263 N.C. 710, 717 , 140 S.E. 2d 370, 375 (1965), quoted in Nicholson v. Education Assistance Authority, 275 N.C. 439, 447 , 168 S.E. 2d 401, 406 (1969) (emphasis added). … An example of such a direct injury was given in Wynn v. Trustees, 255 N.C. 594 , 601, 122 S.E. 2d 404 , 409 (1961).

Townsend v. Board of Educ. of Robeson County

118 N.C. App. 302 · Court of Appeals of North Carolina · Mar 21, 1995

Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57 , 414 S.E.2d 339 (1992). … Andersen v. Baccus, 335 N.C. 526 , 439 S.E.2d 136 (1994).

Gasper v. BOARD OF TRUSTEES OF HALIFAX COMMUNITY COLLEGE

218 N.C. App. 454 · Court of Appeals of North Carolina · Feb 7, 2012

721 S.E.2d 765 (2012) GASPER v. BOARD OF TRUSTEES OF HALIFAX COMMUNITY COLLEGE. No. COA11-675. Court of Appeals of North Carolina. Filed February 7, 2012. Case Reported Without Published Opinion Affirmed.

Woodlief v. North Carolina State Board of Dental Examiners

104 N.C. App. 52 · Court of Appeals of North Carolina · Sep 3, 1991

Little v. Board of Dental Examiners, 64 N.C. App. 67, 69 , 306 S.E.2d 534, 536 (1983) (citations omitted). … Board of Examiners for Speech and Language *59 Pathologists and Audiologists v. N.C. State Board of Education, 77 N.C.