Case law

Robins v. Town of Hillsborough

176 N.C. App. 1 · Court of Appeals of North Carolina · Feb 21, 2006

Our Supreme Court held, "Clearly, Northwestern established a right of review under the 1986 ordinance with the submission of plans both on 5 June 1987 (the first plan) and on 21 September 1987 (the second plan) unless that … However, North Carolina recognizes two methods *820 by which a landowner may establish vested rights in a zoning ordinance: (1) qualify pursuant to relevant statutes establishing such vested rights; or (2) qualify under the

State v. Bowen

Court of Appeals of North Carolina · Apr 5, 2022

¶ 18 Any state statute that criminalizes speech “must be interpreted with the commands of the First Amendment clearly in mind.” Watts v. United States, 394 U.S. 705, 707, 89 S. … The holding in Watts established that the First Amendment “requires the [g]overnment to prove a true threat” exists when  STATE V.

Knight Publishing Co. v. Charlotte-Mecklenburg Hospital Authority

172 N.C. App. 486 · Court of Appeals of North Carolina · Aug 16, 2005

A moving party “has the burden of establishing the lack of any triable issue of fact.” Kidd v. Early, 289 N.C. 343, 352 , 222 S.E.2d 392, 399 (1976). … The statute explicitly qualifies the list with the phrase: “by way of illustration but not limitation.”

State v. Hawkins

Court of Appeals of North Carolina · Nov 15, 2022

In short, the requirement that an expert’s testimony pertain to “scientific knowledge” establishes a standard of evidentiary reliability. Daubert v. … This would put the Court in somewhat of a dilemma because, clearly, I have a  STATE V.

State v. Rivera

216 N.C. App. 566 · Court of Appeals of North Carolina · Nov 1, 2011

These cases, as well as Gay , demonstrate that our courts rely on resulting and, at times, potential injuries when determining if an object qualifies as a dangerous weapon. See also State v. Roper, 39 N.C. … Gay clearly set forth that a stun gun can be a dangerous weapon depending upon the manner in which it was used.

Tedder v. Hodges

119 N.C. App. 169 · Court of Appeals of North Carolina · Jun 6, 1995

Alford’s testimony given by petitioner’s counsel was sufficient to clearly show us what the excluded evidence would have revealed. Accordingly, we conclude that petitioner has preserved the issue of the exclusion of Dr. … Alford would qualify as an expert witness.

HEMPHILL NOLAN v. Town of Weddington

153 N.C. App. 144 · Court of Appeals of North Carolina · Sep 17, 2002

Petitioner argues the italicized phrase “the enforcement of an ordinance adopted pursuant to this Part” clearly means that G.S. § 160A-388(e) only applies to appeals based upon ordinances adopted under Part III of Article … Subsection (b) of the statute, which describes some of the duties and procedures of the board, begins with the following qualifier: “The board of adjustment shall hear and decide appeals from and review any order, requirement

Koltis v. North Carolina Department of Human Resources

125 N.C. App. 268 · Court of Appeals of North Carolina · Feb 4, 1997

We find that the uncontroverted evidence in the record establishes two legally binding contracts for a specific duration between Mr. Boardman and Dr. Koltis. PCMH next contends that even if the contracts with Mr. … Boardman were clearly to “develop” the center.

LYNN-CLIFF, INC. v. Poole

196 N.C. App. 177 · Court of Appeals of North Carolina · Apr 7, 2009

At all times pertinent to this case, plaintiff was a licensed general contractor, and Moore was plaintiff's president and qualifying party. … Before summary judgment may be entered, it must be clearly established by the record before the trial court that there is a lack of any triable issue of fact.

State v. Rushing

Court of Appeals of North Carolina · Nov 5, 2019

The eye is clearly a -7-  STATE V. … However, her statement, “I actually have an orbital fracture,” does not clearly indicate that her eye impairment had lingered to the time of trial.

Harper v. Vohra Wound Physicians of NY

Court of Appeals of North Carolina · Mar 17, 2020

Namely, he contends the clause “and not be under current exclusion, debarment or sanction by any state or federal health care program . . . ” qualifies the preceding requirement that he be qualified to participate—and shall … Burnette, 297 N.C. 524, 536, 256 S.E.2d 388, 395 (1979) (“[I]t is proper to direct verdict for the party with the burden of proof if the evidence so clearly establishes the fact in issue that no reasonable inferences to

Desmond v. The News & Observer Publ'g Co.

263 N.C. App. 26 · Court of Appeals of North Carolina · Dec 18, 2018

Opinion of the Court press absolute immunity in its coverage of public figures or elections. … Of course, we would like for it to be sent to any other qualified firearms examiner. We have been asking for it.

State v. Carpenter

147 N.C. App. 386 · Court of Appeals of North Carolina · Dec 4, 2001

“[A] witness [is] qualified as an expert by knowledge, skill, experience, training, or education . . . .’’Id. … Thus, Vaughn was properly qualified as an expert in the area of child sex abuse evaluations and interviewing.

Cooke v. Cooke

185 N.C. App. 101 · Court of Appeals of North Carolina · Aug 7, 2007

On 10 May 2002, plaintiff moved for equitable distribution of “certain property which qualifies as marital property as defined by N.C.G.S. § 5-20 et seq.” … When “interpreting contract language, the presumption is that the parties intended what the language used clearly expresses, and the contract must be construed to mean what on its face it purports to mean.” Stewart v.

In re D.J.D.

171 N.C. App. 230 · Court of Appeals of North Carolina · Jul 5, 2005

cocaine at birth, the history of domestic violence between the parents, the mother's admission of drug addiction, the refusal to enroll one child in school, excessive absenteeism by another child, and the failure to maintain immunizations … Respondent also contends the petitioner failed to prove that he was unable to establish a safe home. We disagree.

Wilder v. Barbour Boat Works

84 N.C. App. 188 · Court of Appeals of North Carolina · Feb 3, 1987

My opinion is he is totally disabled from that type of work and probably all gainful work that he’s qualified. … Thus, the evidence clearly indicates that plaintiffs 1983 injury aggravated a latent condition and therefore proximately contributed to his total disability.

In re: Smith

Court of Appeals of North Carolina · Feb 16, 2016

Stat. § 143B-426.50(1) limited which qualified recipients could become successful claimants as follows: “Claimant. – An individual on whose behalf a claim is made for compensation as a qualified recipient under this Part … Clearly, a facial challenge to a law is a matter of law or legal inference. See State v.

State v. Chavis

141 N.C. App. 553 · Court of Appeals of North Carolina · Dec 29, 2000

In making this evaluation, the trial court must reject the relevancy of the evidence if it “does not clearly perceive the connection between the extraneous criminal transaction and the crime charged.” … To qualify as an expert, the witness need only be “better qualified than the jury as to the subject at hand.” State v. Davis, 106 N.C.

Matter of Will of Cooley

66 N.C. App. 411 · Court of Appeals of North Carolina · Feb 7, 1984

Our review of the evidence convinces us that the trial judge was clearly correct in denying caveator’s motion for judgment N.O.V. … Cooley’s will had been tampered with or changed after its execution and therefore could not qualify as her last will.

Pope v. Manville

202 N.C. App. 148 · Court of Appeals of North Carolina · Jan 19, 2010

physician or surgeon licensed and practicing in North Carolina or by a duly qualified physician or surgeon . . . . … medical evaluation "to have another examination by a duly qualified physician or surgeon."