Case law

Coucoulas/Knight Properties, LLC v. Town of Hillsborough

199 N.C. App. 455 · Court of Appeals of North Carolina · Sep 1, 2009

This clearly falls within the ESU district requirement. Further, the Zoning Ordinance requires that projects be a minimum of 2 acres to qualify for ESU district zoning. Plaintiffs property is 2.16 acres. … Thus, based on the plain language of the Zoning Ordinance, in order to qualify for ESU district zoning, a property must be located on a road that leads into Town.

Ivarsson v. Office of Indigent Defense Services

156 N.C. App. 628 · Court of Appeals of North Carolina · Mar 18, 2003

“[T]his Court gives acts of the General Assembly great deference, and a statute will not be declared unconstitutional under our Constitution unless the Constitution clearly prohibits that statute.” … Our history has established that the power held by the North Carolina judiciary in attorney-client matters is that of supervision rather than selection.

Danny's Towing 2, Inc. v. North Carolina Department of Crime Control

213 N.C. App. 375 · Court of Appeals of North Carolina · Jul 19, 2011

He assert[ed that] federal law preempt[ed] the Highway Patrol’s ability to establish regulations for private wrecker companies to be included on its Wrecker Rotation Services List. Ramey v. Easley, 178 N.C. … However, the trial court’s judgment should clearly declare the rights of the parties and effectively dispose of the dispute. Id.; see also 26 C.J.S.

State v. Allen

164 N.C. App. 665 · Court of Appeals of North Carolina · Jun 1, 2004

Stat. § 14-7.1 contains explicit guidelines for what qualifies as a predicate felony. N.C. Gen. … Thus, the determination of what qualifies as a predicate conviction is carried out differently under the Habitual Impaired Driving statute and the Habitual Felon Act.

State v. Coats

17 N.C. App. 407 · Court of Appeals of North Carolina · Feb 21, 1973

These opinions are clearly referring to the judgment and proceedings in the District Court in the trial from which defendants appealed. … And, in our view, when a duly elected, qualified, and assigned District Coúrt judge is present to sit as the trier of the facts, requirement (5) is satisfied.

In re Y.Y.E.T.

205 N.C. App. 120 · Court of Appeals of North Carolina · Jul 6, 2010

Respondent-mother also believed the injury could have been caused by an immunization the child received. The trial court made the following additional findings of fact in its adjudication order: 6. Dr. … Thus, he has clearly failed to acknowledge why his child entered DSS custody, and he has also failed to exhibit changed behaviors.

Campbell v. Pitt County Memorial Hospital, Inc.

84 N.C. App. 314 · Court of Appeals of North Carolina · Feb 17, 1987

In Blanton, we held that the doctrine of corporate negligence applies prospectively to causes of action arising after 20 January 1967, the date charitable immunity was abolished. … A “discretionary order pursuant to G.S. 1A-1, Rule 59 for or against a new trial upon any ground may be reversed on appeal only in those exceptional cases where an abuse of discretion is clearly shown.”

Tully v. City of Wilmington

249 N.C. App. 204 · Court of Appeals of North Carolina · Aug 16, 2016

"A motion for judgment on the pleadings [pursuant to Rule 12(c) ] should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a … All instruments used shall have demonstrated content and *858 criterion validity , 5 which is accomplished by contracting with qualified outside entities to develop the written testing instruments.

Iredell Digestive Disease Clinic v. Petrozza

92 N.C. App. 21 · Court of Appeals of North Carolina · Nov 15, 1988

That the plaintiff has not presented sufficient evidence to establish a likelihood that at trial it will be able to *26 establish that the covenant not to compete is not void as against public policy; 2. … We are certainly mindful that medical doctors are by no means immune from such agreements.

Jones v. City of Greensboro

51 N.C. App. 571 · Court of Appeals of North Carolina · May 5, 1981

Furthermore, we have examined the warrant which was quashed and conclude that it does not accurately and clearly allege the elements of an offense. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

James River Equipment, Inc. v. Tharpe's Excavating, Inc.

179 N.C. App. 336 · Court of Appeals of North Carolina · Sep 5, 2006

. § 44A-26(a)(2), as amended in 1973, the statutory bond requirement of the contract between the Board and Mecklenburg is clearly and explicitly for the direct benefit of laborers and subcontractors such as plaintiff. … It is well-established that dismissal under Rule 41(b) is left to the sound discretion of the trial court. Smith v. Quinn, 91 N.C.

State v. Gary

78 N.C. App. 29 · Court of Appeals of North Carolina · Dec 3, 1985

Defendant now contends that the evidence did not suffice to establish a conspiracy. … App. 680 , 329 S.E. 2d 710 (1985), relied on by defendant, is clearly distinguishable.

Claggett v. Wake Forest University

126 N.C. App. 602 · Court of Appeals of North Carolina · Jul 1, 1997

Plaintiffs exhibit “M”, the 1995 revision of the Guidelines, which plaintiff alleged contained no material changes from the version in place in 1988, provides in pertinent part: *607 4.2 It must be clearly understood by all … Whiting, 607 F.2d 634 (4th Cir. 1979), the Circuit Court stated: *612 Courts are not qualified to review and substitute their judgment for these subjective, discretionary judgments of professional experts on faculty promotions

Summerlin v. National Service Industries, Inc.

72 N.C. App. 476 · Court of Appeals of North Carolina · Feb 5, 1985

She therefore does not qualify as a “holder.” … In short, since marriage alone does not create an agency relationship, and since the evidence does not so clearly establish the facts in issue that no reasonable inference to the contrary can be drawn, a directed verdict

North Carolina National Bank v. Virginia Carolina Builders, Inc.

57 N.C. App. 628 · Court of Appeals of North Carolina · Jun 15, 1982

In my view, plaintiffs premature appeal clearly should be dismissed. I also disagree with the majority’s decision on the merits. … Clearly, defendant did not fail to plead in the present case, though its answer may have been defective because prepared and signed by an out-of-state attorney who had failed to qualify to appear in the action.

Kidd Constr. Grp.

Court of Appeals of North Carolina · May 19, 2020

The Greenville Utilities Commission shall employ a competent and qualified General Manager whose duties shall be to supervise and manage the said public utilities, subject to the approval … “[a] municipality’s ability to establish and revise its various fees is limited to the use of or the services furnished by the enterprise, which provisions are operative in the present tense.”

State v. Barnwell

17 N.C. App. 299 · Court of Appeals of North Carolina · Jan 24, 1973

In 1971 the General Assembly amended G.S. 9-3, effective 21 July 1971, reducing the minimum age for persons qualified to serve as jurors from 21 to 18. … Although evidence tending to establish motive was weak, we think it was sufficient to justify the court’s refusal to charge the jury that there was no evidence at all of motive.

Rentenbach Constructors, Inc. v. CM Partnership

181 N.C. App. 268 · Court of Appeals of North Carolina · Jan 2, 2007

Neither party has challenged the accuracy or authenticity of the documents establishing the occurrence of these events. … Section 9-317 subjects the buyer’s unperfected interest in accounts and chattel paper to that of the debtor-seller’s lien creditor and other persons who qualify under that section.

Granville Farms, Inc. v. County of Granville

170 N.C. App. 109 · Court of Appeals of North Carolina · May 3, 2005

by the state as well as those established by various counties. … . § 143-211 (c) to a “complete program” at the beginning of the sentence is qualified by other language referencing the achievement of “a coordinated effort of pollution abatement and control with other jurisdictions.”

United Daughters Of The Confederacy, NC Div.

Court of Appeals of North Carolina · Dec 15, 2020

The Daughters qualified as a 26 U.S.C. § 501(c)(3) (2018) non-profit entity by the United States Department of the Treasury, Internal Revenue Service.  UNITED DAUGHTERS OF THE CONFEDERACY, N.C. DIV., INC. V. … The trial court’s order of dismissal “with prejudice” to the contrary is clearly erroneous.