Case law

Teen Challenge Training Center, Inc. v. Board of Adjustment

90 N.C. App. 452 · Court of Appeals of North Carolina · Jun 7, 1988

Sec. 153A-345 is whether the Board committed an error of law or whether an order of the Board is arbitrary, oppressive or attended with manifest abuse of authority. Godfrey v. … White Oak Properties, Inc. v. Town of Carrboro, 313 N.C. 306, 311 , 327 S.E. 2d 882, 886 (1985) (quoting Mizell v. Burnett, 49 N.C. 249, 255 (1857)). In In re Green, 29 N.C.

Beatty Ex Rel. Beatty v. Charlotte-Mecklenburg Board of Education

99 N.C. App. 753 · Court of Appeals of North Carolina · Aug 7, 1990

Smith v. Nationwide Mutual Fire Ins. Co., 96 N.C. App. 215 , 385 S.E.2d 152 (1989), disc. rev. denied, 326 N.C. 365 , 389 S.E.2d 816 (1990). However, the trial court, pursuant to N.C. Gen. … Overcash v. Statesville City Bd. of Educ., 83 N.C. App. 21 , 348 S.E.2d 524 (1986), and cases cited therein. Pursuant to N.C. Gen.

Homoly v. North Carolina State Board of Dental Examiners

121 N.C. App. 695 · Court of Appeals of North Carolina · Mar 5, 1996

Utilities Comm. v. Electric Membership Corp., 275 N.C. 250, 260 , 166 S.E.2d 663, 670 (1969) (citing Utilities Comm. v. Coach Co., 236 N.C. 583 , 73 S.E.2d 562 ). … Little v. Board of Dental Examiners, 64 N.C. App. 67, 68-69 , 306 S.E.2d 534, 536 (1983).

Fike v. Board of Trustees, Teachers' & State Employees' Retirement System

53 N.C. App. 78 · Court of Appeals of North Carolina · Jul 7, 1981

Meachan v. Montgomery County Board of Education, 47 N.C. App. 271, 277-78 , 267 S.E. 2d 349, 353 (1980). … See Henderson v. Gill, 229 N.C. 313 , 49 S.E. 2d 754 (1948). As recognized in the recent opinion of Meachan v. Montgomery County Board of Education, *82 47 N.C.

Sigma Construction Co. v. Guilford County Board of Education

144 N.C. App. 376 · Court of Appeals of North Carolina · Jun 19, 2001

A school board is a “public body” and therefore must hold its meetings in conformity with the open meetings law. N.C.G.S. § 143-318.10(b) (1999). … Multimedia Publ’g of N.C., Inc. v. Henderson County, 136 N.C. App. 567, 575-76 , 525 S.E.2d 786, 792 , disc. review denied, 351 N.C. 474 , 543 S.E.2d 492 (2000).

Humphrey v. Sinnott

84 N.C. App. 263 · Court of Appeals of North Carolina · Feb 3, 1987

Brown Route 2, Box 74 Frankfurt, Delaware Defendant, relying on Philpott v. … Accordingly we hold that the summons in this case was sufficient to bring defendant Brown within the jurisdiction of the trial court. See Harris v. Maready, supra. Wiles v.

Board of Directors of Queens Towers Homeowners' Ass'n v. Rosenstadt

214 N.C. App. 162 · Court of Appeals of North Carolina · Aug 2, 2011

See, e.g., Carolina Forest Ass’n, Inc. v. White, 198 N.C. App. 1, 3 , 678 S.E.2d 725, 727 (2009) (“As is typical of many property owners associations . . . … See Harllee v. Harllee, 151 N.C.

Employers Ins. of Wausau v. Hall

49 N.C. App. 179 · Court of Appeals of North Carolina · Oct 7, 1980

Brown v. Board of Education, 269 N.C. 667 , 153 S.E. 2d 335 (1967); In re Vinson, 42 N.C. App. 28 , 255 S.E. 2d 644 (1979); Ply-Marts, Inc. v. Phileman, 40 N.C. App. 767 , 253 S.E.2d 494 (1979). … Brown v. Board of Education, supra. By his exception to the entry of the judgment, the defendant does raise the question whether the facts found support the conclusions of law and judgment entered. Hinson v.

Kenan v. Board of Adjustment of Town of Chapel Hill

13 N.C. App. 688 · Court of Appeals of North Carolina · Mar 29, 1972

Ordinance, Section 4-D-6. *692 In Jackson v. … The petitioner has the burden of satisfying the Board that it meets these conditions. Craver v. Zoning Board of Adjustment, 267 N.C. 40 , 147 S.E. 2d 599 (1966).

King v. North Carolina State Board of Sanitarian Examiners

82 N.C. App. 409 · Court of Appeals of North Carolina · Aug 5, 1986

and remanding the Board’s decisions. … In conducting this review G.S. 150A-51 allows the superior court to affirm the Board’s decision or remand the case for further proceedings. This power is not defined. Harrell v. Wilson County Schools, 58 N.C.

Faulkner v. North Carolina State Hearing Aid Dealers & Fitters Board

38 N.C. App. 222 · Court of Appeals of North Carolina · Oct 3, 1978

Lafayette Transportation Service, Inc. v. The County of Robeson, 283 N.C. 494 , 196 S.E. 2d 770 (1973). … The Board’s first assignment of error is overruled.

Thurston v. Salisbury Zoning Board of Adjustment

24 N.C. App. 288 · Court of Appeals of North Carolina · Dec 18, 1974

State v. Moore, 240 N.C. 792 , 84 S.E. 2d 174 (1954) ; State v. Daniels, 231 N.C. 17 , 56 S.E. 2d 646 (1949) ; Bell v. Nivens, 225 N.C. 35 , 33 S.E. 2d 66 (1945) ; State v. … See Willis v. R. R., supra. In’the case of Roberts v. Stewart and Newton v. Stewart, 3 N.C.

Falls Sales Co. v. Board of Transportation

32 N.C. App. 97 · Court of Appeals of North Carolina · Jan 5, 1977

In Highway Commission v. … Thus, the Board should have the right to contract for its protection against an unusual hazard.

Porter v. State Board of Alcoholic Control

4 N.C. App. 284 · Court of Appeals of North Carolina · Apr 2, 1969

We are unable to distinguish the legal principles involved in Sinodis v. Board of Alcoholic Control, 258 N.C. 282 , 128 S.E. 2d 587 , *286 from those presented by this appeal. … As was true in Sinodis , petitioner did not request a hearing by respondent Board, a right expressly accorded her. Hence her application for judicial review must be dismissed. G.S. 143-307; Sinodis v.

Hill v. State Board of Alcoholic Control

17 N.C. App. 592 · Court of Appeals of North Carolina · Mar 14, 1973

Any one of the two violations found by the Board would support the suspension of petitioners’ permits: C’est Bon, Inc. v. Board of Alcoholic Control, 279 N.C. 140 , 181 S.E. 2d 448 . … The evidence fully supports the findings of the Board as to both violations. Affirmed. Judges Brock and Vaughn concur.

Keiger v. Winston-Salem Board of Adjustment

8 N.C. App. 435 · Court of Appeals of North Carolina · Jun 24, 1970

standard established in Jackson v. … The “public interest” clause purports to delegate the power, as the court said in Jackson v.

Williams Ex Rel. Williams v. Brunswick County Board of Education

1 N.C. App. 89 · Court of Appeals of North Carolina · Mar 20, 1968

Hinkle v. Lexington, 239 N.C. 105 , 79 S.E. 2d 220 (1953). … Dependents of Phifer v. Dairy, 200 N.C. 65 , 156 S.E. 147 (1930); Edwards v. Loving Co., 203 N.C. 189 , 165 S.E. 356 (1932); Massey v. Board of Education, 204 N.C. 193 , 167 S.E. 695 (1933); Smith v.

Durham Video & News, Inc. v. Durham Board of Adjustment

144 N.C. App. 236 · Court of Appeals of North Carolina · Jun 19, 2001

Donovan v. Dewey, 452 U.S. 594 , 69 L. Ed. 2d 262 (1981). … Miller v. California, 413 U.S. 15, 24 , 37 L. Ed. 2d 419, 431 (1973) (emphasis added); see also State v. Watson, 88 N.C.

Fries v. Rowan County Board of Education

7 N.C. App. 341 · Court of Appeals of North Carolina · Feb 25, 1970

A “person aggrieved” by an order of a school board is given the right to appeal from an order of the board, within 10 days of the date of the order, to the Superior Court for a hearing de novo. G.S. 115-179. … See King v.

Dickerson Carolina, Inc. v. Harrelson

114 N.C. App. 693 · Court of Appeals of North Carolina · May 17, 1994

Dalpiaz, in his individual capacity and as a member of the North Carolina Board of Transportation, David Brown, in his individual capacity and as a member of the North Carolina Board of Transportation, C.W. … Dickerson sued the members of the Board and the GCC in their official and individual capacities. In Will v.