Case law

Davis v. Durham Mental Health/Development Disabilities/Substance Abuse Area Authority

165 N.C. App. 100 · Court of Appeals of North Carolina · Jul 6, 2004

“An improper purpose is ‘any purpose other than one to vindicate rights ... or to put claims of right to a proper test.’ ” Brown v. Hurley, 124 N.C. App. 377, 382 , 477 S.E.2d 234, 238 (1996) (quoting Mack v. … Brown, 124 N.C. App. at 382 , 477 S.E.2d at 238 (quoting Bryson, 330 N.C. at 663 , 412 S.E.2d at 337 ).

Town & Country Civic Organization v. Winston-Salem Zoning Board of Adjustment

83 N.C. App. 516 · Court of Appeals of North Carolina · Dec 16, 1986

Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E. 2d 379, 383 , reh’g denied, 300 N.C. 562 , 270 S.E. 2d 106 (1980). … The established rules of the Board are binding on the Board itself, as well as on the public. Refining Co. v. Board of Aldermen, 284 N.C. 458 , 202 S.E. 2d 129 (1974).

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.

Cooper v. Board of Education for Nash-Rocky Mount Schools

135 N.C. App. 200 · Court of Appeals of North Carolina · Oct 5, 1999

See Presnell v. … Petitioner was an at-will employee who could be terminated by the Board for any reason or for an arbitrary reason. See Sides v. Duke Hospital, 74 *205 N.C.

Bellsouth Carolinas PCS, L.P. v. Henderson County Zoning Board of Adjustment

174 N.C. App. 574 · Court of Appeals of North Carolina · Nov 15, 2005

See Herring v. Liner, 163 N.C. … See Utilities Comm. v. Simpson, 295 N.C. 519 , 246 S.E.2d 753 (1978); Utilities Comm. v.

Izard Ex Rel. Izard v. Hickory City Schools Board of Education

68 N.C. App. 625 · Court of Appeals of North Carolina · Jun 5, 1984

Kiser v. Snyder, 21 N.C. App. 708, 710 , 205 S.E. 2d 619, 621 (1974) (quoting Luna v. Needles Elementary School District, 154 Cal. App. 2d 803 , 316 P. 2d 773 (1957)). … As his own deposition testimony states: I knew I was supposed to take a board and sweep the other board away so I wouldn’t cut my hand but I moved my hand across there and got it up into the blade ...

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

3 N.C. App. 39 · Court of Appeals of North Carolina · Nov 13, 1968

Upon receipt of proof satisfactory to the board of trustees of the death, prior to retirement, of a member or former member there shall be paid . . . the amount of his accumulated contributions at the time of his death.” … In Bridges v.

Gaspersohn Ex Rel. Gaspersohn v. Harnett County Board of Education

75 N.C. App. 23 · Court of Appeals of North Carolina · Jun 4, 1985

G.S. 115C-390 allows the administration of corporal punishment so long as reasonable force is used and proscribes local school boards from prohibiting it. See Kurtz v. Board of Education, 39 N.C. … App. 412 , 250 S.E. 2d 718 (1979), in which we held that a school board may regulate the manner in which corporal punishment is administered. In Baker v. Owen, 395 F.

Robinhood Trails Neighbors v. Winston-Salem Zoning Board of Adjustment

44 N.C. App. 539 · Court of Appeals of North Carolina · Jan 15, 1980

It is now clear that formal rules of evidence do not apply to municipal administrative boards, Humble Oil and Refining Company v. … A panel of this Court, in Mebane v. Iowa Mutual Insurance Company, 28 N.C.

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.

Williams v. Town of Grifton

22 N.C. App. 611 · Court of Appeals of North Carolina · Aug 7, 1974

In Adams-Millis Corp. v. Kernersville, 6 N.C. … Cogdill v. Highway Comm. and Westfeldt v. Highway Comm., 279 N.C. 313 , 182 S.E. 2d 373 ; Trotter v. Hewitt, 19 N.C. App. 253 , 198 S.E. 2d 465 , cert. denied, 284 N.C. 124 , 199 S.E. 2d 663 ; Coble v. Brown, 1 N.C.

Huff v. Huff

69 N.C. App. 447 · Court of Appeals of North Carolina · Jul 3, 1984

We find no error. *451 In Thurston v. … The facts here more closely resemble those in Brown v. Brown, 120 R.I. 340 , 387 A. 2d 1051 (1978). The spouses in Brown were domiciled in Rhode Island when the wife commenced an action for divorce from bed and board.

Duggins v. North Carolina State Board of Certified Public Accountant Examiners

25 N.C. App. 131 · Court of Appeals of North Carolina · May 6, 1975

It is said to be ‘strongly persuasive,’ Shealy v. … In Davis v. Sexton, 207 N.Y.S. 377 , 211 App.

American Legion v. North Carolina State Board of Alcoholic Control

27 N.C. App. 266 · Court of Appeals of North Carolina · Oct 15, 1975

Boyd v. Allen, 246 N.C. 150 , 97 S.E. 2d 864 . Petitioner’s reliance on Watkins v. Board of Alcoholic Control, 14 N.C. App. 19 , 187 S.E. 2d 500 is misplaced. … Board of Alcoholic Control, 278 N.C. 623 , 181 S.E. 2d 1 , and Food Stores v. Board of Alcoholic Control, 268 N.C. 624 , 151 S.E. 2d 582 , also cited by petitioner, are easily distinguished.

Little v. North Carolina State Board of Elections

25 N.C. App. 304 · Court of Appeals of North Carolina · Apr 2, 1975

Gordon v. Wallace and Gordon v. Page, 233 N.C. 85, 62 S.E. 2d 495 (1950). Appeal dismissed. Judges Hedrick and Clark concur.

Humble Oil & Refining Co. v. Board of Aldermen

17 N.C. App. 624 · Court of Appeals of North Carolina · Mar 28, 1973

In Kenan v. Board of Adjustment, 13 N.C. App. 688 , 187 S.E. 2d 496 (1972), cert. den. 281 N.C. 314 (1972), and in Carter v. Town of Chapel Hill, 14 N.C. … This argument is rejected for the reasons stated in Carter v. Chapel Hill, supra. 3.

Oscar Miller Contractor, Inc. v. North Carolina Tax Review Board

61 N.C. App. 725 · Court of Appeals of North Carolina · Apr 19, 1983

See Duke Power Co. v. Clayton, Comr. of Revenue, 274 N.C. 505 , 164 S.E. 2d 289 (1968). … For the reasons stated in this opinion, we hold the superior court was in error for affirming the order of the Tax Review Board. Reversed and remanded. Judges Hedrick and Becton concur.

McKinney v. North Carolina Board of Alcoholic Control

23 N.C. App. 369 · Court of Appeals of North Carolina · Oct 16, 1974

The procedure followed in this case in all respects complies with the principles laid down in Wholesale v. ABC Board, 265 N.C. 679 , 144 S.E. 2d 895 (1965). … We are of the opinion that the statutes and the regulations which were in effect at the time of this suspension were not too vague and are constitutionally valid within the rule set out in California v.

Ronald G. Hinson Electric, Inc. v. Union County Board of Education

125 N.C. App. 373 · Court of Appeals of North Carolina · Feb 18, 1997

See Utilities Comm. v. … .”); Food Stores v. Board of Alcoholic Control, 268 N.C. 624, 628-629 , 151 S.E.2d 582, 586 (1966) (same).

Martin Marietta Corp. v. Forsyth County Zoning Board of Adjustment

65 N.C. App. 316 · Court of Appeals of North Carolina · Dec 6, 1983

Gower v. Insurance Co., 281 N.C. 577, 580 , 189 S.E. 2d 165, 167 (1972); see also Gaskins v. Insurance Co., 260 N.C. 122, 124 , 131 S.E. 2d 872, 873 (1963). … Swenson v. Assurance Co., 33 N.C. App. 458, 465 , 235 S.E. 2d 793, 797 (1977). “When a court has no authority to act, its acts are void.” Russell v. Manufacturing Co., 266 N.C. 531, 534 , 146 S.E. 2d 459, 461 (1966).