Case law

Opinions from 1658 to today.

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  • 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).

    Cited 12 timesPublished
  • Philips v. Pitt County Memorial Hospital Inc.

    222 N.C. App. 511 · Court of Appeals of North Carolina · Aug 21, 2012

    Burgin v. Owen, 181 N.C. … Shore v. *518 Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).

    Cited 13 timesPublished
  • 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.

    Cited 3 timesPublished
  • 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.

    Cited 5 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 14 timesPublished
  • 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).

    Cited 2 timesPublished
  • 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)).

    Cited 10 timesPublished
  • 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.

    Cited 1 timesPublished
  • 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

    Overruled in part by Faulkenbury v. Teachers' & State Employees' Retirement System, 345 N.C. 683 (1997)Cited 9 timesPublished
  • 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.

    Cited 3 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 2 timesPublished
  • Sipfle v. Board of Governors of the University of North Carolina

    69 N.C. App. 752 · Court of Appeals of North Carolina · Aug 7, 1984

    In Zimmerman v.

    Cited 0 timesPublished
  • 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.

    Cited 2 timesPublished
  • 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).

    Cited 10 timesPublished
  • 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.

    Cited 8 timesPublished
  • Appalachian Poster Advertising Co. v. Zoning Board of Adjustment of City of Shelby

    52 N.C. App. 266 · Court of Appeals of North Carolina · Jun 2, 1981

    Durham County v. Addison, 262 N.C. 280 , 136 S.E. 2d 600 ; Lee v. Board of Adjustment, 226 N.C. 107 , 37 S.E. 2d 128 . … Carrithers & Son v.

    Cited 6 timesPublished
  • 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).

    Cited 1 timesPublished
  • 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

    Cited 1 timesPublished

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