Case law

Thomas Jefferson Classical Academy Charter School v. Cleveland County Board of Education

234 N.C. App. 318 · Court of Appeals of North Carolina · Jun 3, 2014

It is immaterial that the school board has earmarked particular funds for a specific purpose if the funds have been deposited in the local current expense fund. Sugar Creek Charter School, Inc. v. … Harris v. Atlantic Scrap & Processing, ___ N.C.

Burton v. NCNB Nat. Bank of North Carolina

85 N.C. App. 702 · Court of Appeals of North Carolina · May 19, 1987

See Scott v. Veneer Co., 240 N.C. 73 , 81 S.E. 2d 146 (1954) (statement made in a judicial pleading); Jarman v. … We do not find, in the words of Scott v.

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

121 N.C. App. 444 · Court of Appeals of North Carolina · Feb 6, 1996

Specifically, the Board made the following pertinent conclusions of law: 4. … Respondent argues that the Board’s interpretation of G.S. 135-106(b) was correct and therefore that the trial court did not err in affirming the Board’s final decision. We disagree.

Griffin v. Board of Commissioners of the Law Enforcement Officers' Benefit & Retirement Fund

84 N.C. App. 443 · Court of Appeals of North Carolina · Feb 17, 1987

The letter also stated that the fund’s medical board was of the opinion that his condition could improve to the point of him being able to again perform the duties of a law enforcement officer, and that his status would be … In the meantime, on 24 June 1980, the General Assembly amended G.S. 143-166(y) to require the defendant board to determine whether disability retirees were gainfully employed and to reduce the benefits of those that were

McKinney v. ROYAL GLOBE INSURANCE CO.

64 N.C. App. 370 · Court of Appeals of North Carolina · Oct 4, 1983

Consumers Power v. Power Co., 285 N.C. 434, 437 , 206 S.E. 2d 178, 181 , reh’g denied, 286 N.C. 547 (1974). See also Waters v. … As was the case in Waters v.

Carter v. N. C. State Board of Registration for Professional Engineers & Land Surveyors

86 N.C. App. 308 · Court of Appeals of North Carolina · Jul 7, 1987

Wiseman v. Wiseman, 68 N.C. App. 252 , 314 S.E. 2d 566 (1984). … Sutton v. Figgatt, supra. The substantive grounds for granting the relief requested as developed under former practice still control. Fleming v. Mann, 23 N.C. App. 418 , 209 S.E. 2d 366 (1974).

District Board of the Metropolitan Sewerage District v. Blue Ridge Plating Co.

110 N.C. App. 386 · Court of Appeals of North Carolina · Jun 1, 1993

The standard for both the superior court, sitting as an appellate court, and this Court, when reviewing the decision of a municipal board was set out by the North Carolina Supreme Court in Concrete Co. v. … Lackey v. Dept. of Human Resources, 306 N.C. 231, 238 , 293 S.E.2d 171, 176 (1982).

Bardolph v. Arnold

112 N.C. App. 190 · Court of Appeals of North Carolina · Oct 5, 1993

Brown v. Walker, 188 N.C. 52 , 123 S.E. 633 (1924), involved the town of Sylva’s appropriation of $5,000.00 to a trustee for the purchase of rights-of-way for the construction of a railroad, while Moore v. … Horne v. Chafin, 62 N.C.

Hussey v. Montgomery Memorial Hospital, Inc.

114 N.C. App. 223 · Court of Appeals of North Carolina · Apr 5, 1994

This appeal involves an action brought by plaintiffs, husband James Robert Hussey and wife Eva Lee Brown Hussey, against defendant Montgomery Memorial Hospital, Inc., alleging that de *225 fendant’s negligence resulted in … The Court quoted at length from Dawson v. Eli Lilly and Co., 543 F. Supp. 1330, 1338 (D.D.C. 1982): Where the injury is latent, the claim is held not to accrue until the plaintiff discovers the injury.

Learning Center/Ogden School, Inc. v. Cherokee County Board of Education

223 N.C. App. 423 · Court of Appeals of North Carolina · Nov 20, 2012

This Court’s recent decision in Thomas Jefferson Classical Acad. v. Rutherford Cnty. Bd. of Educ., 215 N.C. … While school boards have argued that not all funds deposited in the local current expense fund are subject to distribution to charter schools, this Court, in Sugar Creek Charter Sch., Inc. v.

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

122 N.C. App. 631 · Court of Appeals of North Carolina · Jun 4, 1996

Our recent decision in Willoughby v. Board of Trustees, No. COA94-1066 (N.C. Ct. App. Feb. 6, 1996) is dispositive of this issue. … benefits on the Social Security account of her deceased husband if: (1) she is sixty years of age or older or (2) she is at least fifty years of age, but less than sixty years of age, and is disabled. 42 U.S.C. § 402 (e); Cook v.

Shoney's of Enka, Inc. v. Board of Adjustment for the City of Asheville

119 N.C. App. 420 · Court of Appeals of North Carolina · Jul 5, 1995

Concrete Co. v. Board of Commissioner’s, 299 N.C. 620, 626 , 265 S.E.2d 379, 383 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980). … Id. at 365 , 219 S.E.2d at 226 -227 (citing Refining Co. v. Board of Aldermen, 284 N.C. 458 , 202 S.E.2d 129 (1974)).

Garrett v. Teachers' & State Employees' Retirement System ex rel. Board of Trustees

91 N.C. App. 409 · Court of Appeals of North Carolina · Sep 20, 1988

The relevant portions of the death benefit provisions of the statute are as follows: Upon receipt of proof, satisfactory to the Board of Trustees in their capacity as trustees under the Group Life Insurance Plan, of the death … In Stanley v. Retirement and Health Benefits Division, 55 N.C.

State v. Moore

46 N.C. App. 259 · Court of Appeals of North Carolina · Apr 15, 1980

State v. Roper, 14 N.C. 473 (1832) (opinion of Henderson, C.J.). By way of contrast to Roper in State v. … The bag was found in front of the owner’s store, yet the finder boarded a bus and left the area. From all of the circumstances, a felonious intent can be inferred. A similar case is State v.

North Carolina Department of Crime Control & Public Safety v. Greene

172 N.C. App. 530 · Court of Appeals of North Carolina · Aug 16, 2005

In this role, respondent supervised two employees, including Shawnda Brown (Brown). Respondent had hired Brown to work for petitioner one year previously. Brown also applied for the Personnel Analyst I position. … Little v. Board of Dental Examiners, 64 N.C. App. 67, 69 , 306 S.E.2d 534, 536 (1983).

Florence Concrete Products, Inc. v. North Carolina Licensing Board for General Contractors

113 N.C. App. 270 · Court of Appeals of North Carolina · Jan 4, 1994

Brooks v. Rebarco, Inc., 91 N.C. App. 459, 463 , 372 S.E.2d 342, 344 (1988). … This analysis finds support in cases such as Mill-Power Supply Co. v. CVM Assocs., 85 N.C. App. 455 , 355 S.E.2d 245 (1987) and *274 Duke University v. American Arbitration Ass’n, 64 N.C.

Smith v. Butler Mountain Estates Property Owners Ass'n

90 N.C. App. 40 · Court of Appeals of North Carolina · May 3, 1988

Brown and Dorothy S. … The architectural review board consists of the Board of Directors and the existing homeowners in Butler Mountain Estates.

State v. Williams

74 N.C. App. 394 · Court of Appeals of North Carolina · May 7, 1985

Later, when Perry and his brother returned, Perry gave Nooney two brown envelopes. Nooney then approached Cox and sold him the two brown envelopes, containing marijuana, and a beer. … State v. Mack, 282 N.C. 334 , 193 S.E. 2d 71 (1972).

Save Our Schools of Bladen County, Inc. v. Bladen County Board of Education

140 N.C. App. 233 · Court of Appeals of North Carolina · Oct 3, 2000

Attend the Board of Education’s public meeting this Monday, June 30 at 7:30 p.m. … Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d. 778, 779 (1989) (citations omitted). A survey of cases involving delayed challenges to state actions may be found in Taylor, 290 N.C. 608 , 227 S.E.2d 576 .

Brummer v. Board of Adjustment of the City of Asheville

81 N.C. App. 307 · Court of Appeals of North Carolina · Jun 3, 1986

Coastal Ready-Mix Concrete Co. v. Board of Commissioners of the Town of Nags Head, 299 N.C. 620 , 265 S.E. 2d 379 , rehearing denied, 300 N.C. 562 , 270 S.E. 2d 106 (1980). … The authority of the Board to grant a variance with conditions, clearly established by our law, Lee v. Board of Adjustment of Rocky Mount, 226 N.C. 107 , 37 S.E. 2d 128 , 168 A.L.R. 1 (1946), is not at issue.