Case law

Lamar OCI South Corp. v. Stanly County Zoning Board of Adjustment

186 N.C. App. 44 · Court of Appeals of North Carolina · Sep 18, 2007

“When the Superior Court grants certiorari to review a decision of [a] Board, it functions as an appellate court rather than a trier of fact.” Hopkins v. Nash County, 149 N.C. … town board.' ” Mann Media, Inc. v.

Slade Ex Rel. Slade v. New Hanover County Board of Education

10 N.C. App. 287 · Court of Appeals of North Carolina · Jan 13, 1971

See also Trust Co. v. Board of Education, 251 N.C. 603 , 111 S.E. 2d 844 ; Davidson v. Horne, 86 Ga. App. 220 , 71 S.E. 2d *295 464; Porter v. Bakersfield & Kern Elec. Ry. … Co., 36 Cal. 2d 582 , 225 P. 2d 223 ; School Board v. Thomas, 201 Va. 608 , 112 S.E. 2d 877 ; Annot., 34 A.L.R. 3d 1210 (1970); Annot., 86 A.L.R. 2d 489 , at p. 590 (1962).

State v. Jackson

161 N.C. App. 118 · Court of Appeals of North Carolina · Nov 4, 2003

Manning also agreed to have and record a conversation with defendant Brown. During the conversation, defendant Brown admitted to buying “weed” with the $1,500.00 taken from the KFC. … State v. Gardner, 68 N.C. App. 515, 521-22 , 316 S.E.2d 131, 134 (1984), aff’d, 315 N.C. 444 , 340 S.E.2d 701 (1986) (citing State v. Watson, 294 N.C. 159 , 240 S.E.2d 440 (1978) and State v. Witherspoon, 5 N.C.

Cabaniss v. Deutsche Bank Securities, Inc.

170 N.C. App. 180 · Court of Appeals of North Carolina · May 3, 2005

Brown, Alex. Brown Management Services, Inc. (“Alex. Brown”), DC Investment Partners, LLC (“DCIP”), and D.B. Alex. Brown Exchange Fund, I, L.P. (“Exchange Fund”), by plaintiffs Eda Hofstead Cabaniss (“Mrs. … Schreiber v. Bryan, 396 A.2d 512, 517 (Del. Ch. 1978). Because plaintiffs failed to make demand on Alex. Brown or excuse such demand as futile as required by 6 Del.

J. R. Graham & Son, Inc. v. Randolph County Board of Education

25 N.C. App. 163 · Court of Appeals of North Carolina · Mar 19, 1975

Allen v. Bank, 180 N.C. 608 , 105 S.E. 401 .' Whitehurst v. FCX Fruit and Vegetable Service, 224 N.C. 628 , 32 S.E. 2d 34 .” *168 Childress v. … Nevertheless, the trial court found on competent evidence that defendant Board and the architect Hammond were responsible for many of the problems that arose.

Affordable Care, Inc. v. North Carolina State Board of Dental Examiners

153 N.C. App. 527 · Court of Appeals of North Carolina · Nov 5, 2002

Garrett v. Winfree, 120 N.C. App. 689 , 463 S.E.2d 411 (1995). … Ed. 2d 351 (1989); Clark v. Sanger Clinic, P.A., 142 N.C.

Brown v. Artisan 2510, Inc.

Court of Appeals of North Carolina · Mar 18, 2014

Cameron-Brown Co. v. Daves, 83 N.C. App. 281, 285, 350 S.E.2d 111, 114 (1986). … Brown and Ferrone had been acquaintances for approximately 8 years, had previously invested together, and had sat on the same board of directors.

Sugar Creek Charter School, Inc. v. Charlotte-Mecklenburg Board of Education

188 N.C. App. 454 · Court of Appeals of North Carolina · Feb 5, 2008

Tucker v. City of Kannapolis, 159 N.C. App. 174, 178 , 582 S.E.2d 697, 699 (2003). … Martin v. Ray Lackey Enterprises, Inc., 100 N.C. App. 349, 357 , 396 S.E.2d 327, 332 (1990).

North Carolina Chiropractic Ass'n v. North Carolina State Board of Education

122 N.C. App. 122 · Court of Appeals of North Carolina · Mar 19, 1996

The Board’s denial was made upon unlawful procedure in that the Board failed to provide the NCCA with a written statement of the reasons for denying the NCCA’s rule-making petition, as required by G.S. 150B-20(c); b. … The Board’s denial was unsupported by substantial evidence in view of the entire record; and c. The Board’s denial was arbitrary and capricious.

White v. Hester

1 N.C. App. 410 · Court of Appeals of North Carolina · Jun 12, 1968

Crosby v. Crosby, 1 N.C. App. 398 , 161 S.E. 2d 654 (filed this date). Nevertheless, we have carefully reviewed the record on appeal and the briefs submitted by plaintiffs and defendants and find no prejudicial error.

Robert E. Harris Evangelistic Ass'n v. Board of Tax Supervision

3 N.C. App. 479 · Court of Appeals of North Carolina · Jan 15, 1969

Rule 48 of the Rules of Practice of this Court; Carter v. Board of Alcoholic Control, 274 N.C. 484 , 164 S.E. 2d 1 ; Kelly v. Washington, 3 N.C. App. 362 , 164 S.E. 2d 634 (filed 31 December 1968); Williams v.

Frieson v. North Carolina Real Estate Licensing Board

72 N.C. App. 665 · Court of Appeals of North Carolina · Feb 5, 1985

The sufficiency of the evidence to support the Board’s findings of fact is not before us, since no exceptions were made to the findings. Cox v. Real Estate Licensing Board, 47 N.C. … This provision is permissive, of course, not mandatory, and it authorized the Board to continue the hearing or not as it deemed meet in the sound exercise of its discretion. Davis v. N.C.

Burke County Public Schools Board of Education v. Juno Construction Corp.

50 N.C. App. 238 · Court of Appeals of North Carolina · Jan 6, 1981

Heating Co. v. Board of Education, 268 N.C. 85 , 150 S.E.2d 65 (1966). This appears to be the general law. See 13 Am. Jur. 2d Building, Etc. Contracts § 34 (1964). … Tyndall v. Tyndall, 270 N.C. 106 , 153 S.E.2d 819 (1967); Chappel v. Winslow, 258 N.C. 617 , 129 S.E.2d 101 (1963); Hill v. Shanks, 6 N.C. App. 255 , 170 S.E.2d 116 , cert. denied, 275 N.C. 681 (1969).

Dove v. North Carolina Board of Alcoholic Control

37 N.C. App. 605 · Court of Appeals of North Carolina · Aug 15, 1978

Respondent Board of Alcoholic Control contends that the actions of Gerald Brown in selling heroin to Agent Price are imputed to petitioners for the purposes of this proceeding. … Board of Alcoholic Control, 30 N.C. App. 492 , 227 S.E. 2d 298 , cert. denied 291 N.C. 175 (1976). The case cited by petitioners deals with the acts of customers. In Underwood v.

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

138 N.C. App. 489 · Court of Appeals of North Carolina · Jun 20, 2000

Wiebenson v. Bd. Of Trustees, State Employees’ Ret. Sys., 123 N.C. App. 246, 250 , 472 S.E.2d 592, 595 (1996), aff’d on other grounds, Wiebenson v. Bd. Of Trustees, State Employees’ Ret. … Crowell Constructors, Inc. v. State Ex Rel. Cobey, 342 N.C. 838, 844 , 467 S.E.2d 675, 679 (1996).

Ginsberg v. Board of Governors of the University of North Carolina

217 N.C. App. 188 · Court of Appeals of North Carolina · Nov 15, 2011

Crocker v. Roethling, 363 N.C. 140, 142 , 675 S.E.2d 625, 628 (2009) (quotations and citations omitted). … Lenzer v. Flaherty, 106 N.C. App. 496, 509 , 418 S.E.2d 276, 284 (1992) (citations omitted).

Greensboro Elks Lodge v. North Carolina Board of Alcoholic Control

27 N.C. App. 594 · Court of Appeals of North Carolina · Dec 3, 1975

Freeman v. Board of Alcoholic Control, 264 N.C. 320 , 141 S.E. 2d 499 (1965). Thus, we proceed to analyze the competency of the evidence introduced before respondent’s hearing officer. … Where the findings of respondent Board are supported by material and substantial competent evidence as here, they are conclusive on review by the superior court. Parker v. Board of Alcoholic Control, 23 N.C.

State Ex Rel. the Guilford County Board of Education v. Herbin

215 N.C. App. 348 · Court of Appeals of North Carolina · Sep 6, 2011

Stat. § 84-4 . *355 The Board asserts that our holding in Lexis-Nexis v. Travishan Corp., 155 N.C. App. 205 , 573 S.E.2d 547 (2002) is controlling and cannot be reconciled with the trial court’s conclusion. … The Board’s argument is overruled. Ill In its third issue, the Board argues that the trial court erred in finding that a bail agent’s activity was permitted pursuant to State v.

State v. Richardson

8 N.C. App. 298 · Court of Appeals of North Carolina · May 27, 1970

State v. Hamilton, 264 N.C. 277, 286 , 141 S.E. 2d 506 (1965). See also State v. Taylor, 250 N.C. 363 , 108 S.E. 2d 629 (1959). … State v. Willoughby, 180 N.C. 676 , 103 S.E. 903 (1920). Likewise, see State v. Weinstein, 224 N.C. 645 , 31 S.E. 2d 920 (1944).

Knight v. Higgs

189 N.C. App. 696 · Court of Appeals of North Carolina · Apr 15, 2008

On 21 November 2006, Judge Brown entered an order affirming the ruling of the Board. The order contained no findings of fact. … The Board Failed to Act Corporately At the hearing before Judge Brown in Superior Court, Mr.