Case law

Stanford v. Owens

46 N.C. App. 388 · Court of Appeals of North Carolina · May 6, 1980

A complaint may be dismissed on a Rule 12(b)(6) motion if it is clearly without merit. … We think that plaintiffs’ complaint clearly answers this question in the negative.

Massey v. City of Charlotte

145 N.C. App. 345 · Court of Appeals of North Carolina · Aug 7, 2001

The statute clearly states that a city may provide for the issuance of such permits, but it clearly does not mandate such a procedure. … This statute confers upon local authorities the right to establish and develop zoning districts.

State v. Beane

146 N.C. App. 220 · Court of Appeals of North Carolina · Sep 18, 2001

Most of the time the Court itself will determine whether or not somebody is qualified to testify. … The State’s inquiry was clearly intended to establish C.R.’s qualifications to testify.

Taube v. Hooper

Court of Appeals of North Carolina · Mar 17, 2020

Since the alleged statements referred only to ‘someone’ in a group of nine, they clearly do not refer to some, most or all of the group.” … Where plaintiff’s own pleadings establish the truth of an allegedly defamatory statement, dismissal per Rule 12(b)(6) is proper. Id.

Myers v. Town of Plymouth

135 N.C. App. 707 · Court of Appeals of North Carolina · Dec 7, 1999

Stat. § 160A-4 (1994) provides that municipalities should have adequate authority to execute the powers, duties, privileges and immunities conferred upon them by law. … Stat. § 160A-147), and to establish employees’ compensation (N.C. Gen. Stat. § 160A-162 (1994)). Since N.C. Gen.

Bellsouth Telecommunications, Inc. v. City of Laurinburg

168 N.C. App. 75 · Court of Appeals of North Carolina · Jan 18, 2005

“It is a well-established principle that municipalities, as creatures of statute, can exercise only that power which the legislature has conferred upon them.” Bowers v. … Broad construction It is the policy of the General Assembly that the cities of this State should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law.

LaFalce v. Wolcott

76 N.C. App. 565 · Court of Appeals of North Carolina · Sep 17, 1985

The standard for allowing a directed verdict is well established. … A directed verdict on the ground of contributory negligence should be granted only when this defense is so clearly established that no other reasonable inference can be drawn from the evidence. Daughtry v.

In re D.S.C.

168 N.C. App. 168 · Court of Appeals of North Carolina · Jan 18, 2005

. § 7B-1101 qualifies and narrows the *171 appointment of a GAL to only those instances where (a)(6) grounds for termination allege some mental incapability. … Stat. § 7B-llll(a)(6), clearly placing the burden on the court to appoint a GAL by way of notice in the petition.

Bring v. North Carolina State Bar

126 N.C. App. 655 · Court of Appeals of North Carolina · Jul 1, 1997

To qualify for admission to the bar in North Carolina, applicants are no longer allowed to establish their proficiency in the law singularly by obtaining a satisfactory grade on the written examination. … Clearly, the Legislature is not equipped to investigate law schools with graduates applying for admission to the North Carolina bar to determine whether those law schools meet the minimum threshold requirement.

Boyce v. Boyce

60 N.C. App. 685 · Court of Appeals of North Carolina · Feb 15, 1983

It is well established principle that no complaint is to be dismissed for failure to state a claim upon which relief can be granted unless it appears to a certainty that the plaintiff is entitled to no relief under any state … In the exercise of this control, use, and possession, he may, without joinder of the wife, lease the property, mortgage the property, grant rights-of-way, convey by way of estoppel— qualified in all of those instances by

Estrada v. Jaques

70 N.C. App. 627 · Court of Appeals of North Carolina · Oct 16, 1984

Qualified Personnel, Inc., 294 N.C. 200 , 240 S.E. 2d 338 (1978). Rather, such decisions usually require consideration of the facts of the particular case. Id. … Qualified Personnel, Inc., 294 N.C. 200 , 240 S.E. 2d 338 (1978). The necessity of a second trial, standing alone, does not affect a substantial right. Blackwelder v. Dep’t of Human Resources, 60 N.C.

Boesche v. Raleigh-Durham Airport Authority

111 N.C. App. 149 · Court of Appeals of North Carolina · Jul 20, 1993

Courts have clearly established that individuals retain an expectation of privacy and a right to be free from government intrusion in the integrity of their own bodies. United States v. … In the present case, there has been no dispute and the record clearly reveals that plaintiff is an employee-at-will.

Smith v. Powell Funeral Home

54 N.C. App. 124 · Court of Appeals of North Carolina · Oct 6, 1981

The principles applicable to consideration of summary judgment motions are well established. The moving party has the burden of clearly establishing the lack of any triable issue of fact. … In the course of holding that the plaintiff’s action was properly based on contract rather than tort law, our Supreme Court wrote: The defendants held themselves out as specially qualified to perform the duties of an undertaker

Kent v. Humphries

50 N.C. App. 580 · Court of Appeals of North Carolina · Feb 17, 1981

Taken in the light most favorable to her, plaintiff’s deposition clearly establishes an interference with her use and enjoyment of the beauty shop. … The provision quoted in the order is clearly applicable only to a Rule 30 “deposition on oral examination.”

North Carolina Department of Correction v. Gibson

58 N.C. App. 241 · Court of Appeals of North Carolina · Jul 20, 1982

To accomplish this, [DOC] must clearly set forth, through the introduction of admissible evidence, the reason for [Gibson’s] rejection. … Gibson’s second argument clearly sets forth the issues presented for review. The parties, by couching the issues in the language of G.S. 150A-51, have clearly delineated the scope of our review. See Utilities Comm. v.

In re Bethea

255 N.C. App. 749 · Court of Appeals of North Carolina · Oct 3, 2017

At the hearing on 31 October 2016, Petitioner did not contest his prior offenses qualified him as a tier II offender under SORNA. … The statute clearly states that upon a finding that a petitioner does not have a dis-qualifying arrest and is not ineligible for relief under federal law, a trial court is required to find a petitioner is not otherwise a

Dailey v. Integon General Ins. Corp.

75 N.C. App. 387 · Court of Appeals of North Carolina · Jul 2, 1985

The evidence supports the conclusion, we think, that defendant’s effort to settle plaintiffs claim consisted of requiring him to go to the inconvenience and expense of obtaining qualified, expert estimates defendant had no … The interrogatories and answers, received into evidence, were sufficient to establish Charnock’s agency dur *400 ing the investigation that he conducted for the defendant.

Floyd v. McGill

156 N.C. App. 29 · Court of Appeals of North Carolina · Feb 4, 2003

A directed verdict should be granted in favor of the moving party only where “ ‘the evidence so clearly establishes that fact in issue that no reasonable inferences to the contrary can be drawn,’ and ‘if the credibility of … Batchelor and determined that he was qualified to offer expert testimony. In Curry v. Baker, 130 N.C.

Abitol v. Clark

Court of Appeals of North Carolina · Dec 3, 2024

Decedent’s brother, plaintiff, submitted decedent’s will for probate and qualified as Executor for his estate on 17 June 2020. … Our Supreme Court has held that dismissal of a claim for declaratory judgment “is allowed only when the record clearly shows that there is no basis for declaratory relief as when the complaint does not allege an actual,

Dixon v. Peters

63 N.C. App. 592 · Court of Appeals of North Carolina · Sep 6, 1983

. § 90-21.13, which establishes a “reasonable person” standard. … Plaintiff clearly was not prejudiced as he contends in this assignment of error.