Case law
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Swann v. Charlotte-Mecklenburg Board of Education
300 F. Supp. 1358 · District Court, W.D. North Carolina · Apr 23, 1969
This de jure segregation was outlawed by the two decisions of th'e Supreme Court in Brown v. … The actions of School Boards and district courts must now be judged under Green v. New Kent County rather than under the milder lash of Brown v. Board of Education.
Cited 13 timesPublishedLackey v. Hamlet City Board of Education
257 N.C. 78 · Supreme Court of North Carolina · May 2, 1962
Davis v. Ludlum, 255 N.C. 663 , 122 S.E. 2d 500 ; 89 C.J.S., Trial, secs. 635 and 636. … Bradham v. Robinson, 236 N.C. 589 , 73 S.E. 2d 555 ; 89 C.J.S., ibid.
Cited 10 timesPublishedSun Suites Holdings, LLC v. Board of Aldermen
139 N.C. App. 269 · Court of Appeals of North Carolina · Aug 1, 2000
A legislative body such as the Board, when granting or denying a conditional use permit, sits as a quasi-judicial body. Refining Co. v. Board of Aldermen, 284 N.C. 458, 469 , 202 S.E.2d 129, 136-37 (1974). … Concrete Co. v. Board of Commissioners, 299 N.C. 620, 625 , 265 S.E.2d 379, 382 (1980).
Cited 48 timesPublishedGreenville City Board of Education v. Evans
21 N.C. App. 493 · Court of Appeals of North Carolina · May 15, 1974
Respondents contend that the Board is a necessary party inasmuch as the court cannot order that the land be taken when the taking cannot be accomplished as a matter of law. Vance County v. … Highway Comm. v. Hamilton, 5 N.C. App. 360 , 168 S.E. 2d 419 (1969).
Cited 3 timesPublishedRiddle v. Buncombe Cty. Bd. of Educ.
256 N.C. App. 72 · Court of Appeals of North Carolina · Oct 17, 2017
BUNCOMBE COUNTY BOARD OF EDUCATION; JAMES BEATTY, in his Individual Capacity, and in his Official Capacity with the Buncombe County Board of Education; and RODERICK BROWN, JR., in his Individual Capacity, and in his Official … Brown, Jr.
Cited 7 timesPublishedState Ex Rel. Commissioner of Revenue v. Brown Realty Co.
204 N.C. 123 · Supreme Court of North Carolina · Jan 25, 1933
Cited 6 timesPublishedWillis v. City of Southport Board of Adjustment
129 N.C. App. 499 · Court of Appeals of North Carolina · May 19, 1998
action, Sherrill v. … See Smith v. Smith, 111 N.C.
Cited 28 timesPublishedArchie v. Durham Pub. Sch. Bd. of Educ.
Court of Appeals of North Carolina · Jun 7, 2022
ARCHIE V. … ARCHIE V. DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION 2022-NCCOA-375 Opinion of the Court AFFIRMED. Judges DIETZ and JACKSON concur.
Cited 0 timesPublishedPresley E. Brown Lumber Co. v. Textile Banking Co.
248 N.C. 308 · Supreme Court of North Carolina · Apr 30, 1958
Discount Corp. v. Young, 224 N.C. 89 , 29 S.E. 2d 29 ; R.R. v. Simpkins, 178 N.C. 273 , 100 S.E. 418 ; Etheridge v. Hilliard, 100 N.C. 250 ; Bynum v. Miller, 89 N.C. 393 . … Mastin v. Marlow, 65 N.C. 695 .
Cited 1 timesPublishedHarmon v. Cumberland County Board of Education
186 F. Supp. 3d 500 · District Court, E.D. North Carolina · May 5, 2016
Bishop v. Wood, 426 U.S. 341, 348 , 96 S.Ct. 2074 , 48 L.Ed.2d 684 (1976) (quoting Board of Regents v. Roth, 408 U.S. 564, 575 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972)). … However, the superintendent’s recommendation “is only advisory” and “ultimate responsibility rests with the board” to decide whether to renew a teacher’s contract. Abell v. Nash Cty.
Cited 5 timesPublishedOcean Hill v. Currituck Board of Comm.
641 S.E.2d 694 · Supreme Court of North Carolina · Jan 2, 2007
Cited 0 timesPublishedStein v. Asheville City Board of Education
360 N.C. 546 · Supreme Court of North Carolina · Jun 29, 2006
Cited 0 timesPublishedCraig v. Asheville City Board of Education
142 N.C. App. 518 · Court of Appeals of North Carolina · Mar 20, 2001
Claims alleging a violation of section 115C-325(m)(2) give rise to a right of action that should be resolved by the court and not the school board. See Sigmon v. Poe, 528 F.2d 311 (4th Cir. 1975). … See Hallman v. CharlotteMecklenburg Board of Education, 124 N.C. App. 435 , 477 S.E.2d 179 (1996); Orange County v. Heath, 282 N.C. 292, 294 , 192 S.E.2d 308, 309 (1972); see also N.C. Gen. Stat. § 115C-42 (1999).
Cited 2 timesPublishedEfird v. Board of Commissioners
219 N.C. 96 · Supreme Court of North Carolina · Jan 31, 1941
Provision Co. v. Daves, 190 N. C., 7 . It was held in Meador v. Thomas, 205 N. … Tbat tbe board of commissioners bad tbe power to abolish tbe court during tbe term of tbe judge was held in Queen v. Comrs. of Haywood, supra.
Cited 0 timesPublishedThomas v. Charlotte-Mecklenburg Board of Edu.
North Carolina Industrial Commission · Jul 6, 2010
Bolkhir v. N.C. State Univ. , 321 N.C. 706 , 709 , 365 S.E.2d 898 , 900 (1988). The terms of the Tort Claims Act must be strictly construed. Northwestern Distrib., Inc. v. DOT , 41 N.C. … Pulley v. Rex Hosp. , 326 N.C. 701 , 392 S.E.2d 380 (1990). 3.
Cited 0 timesPublishedRose v. Currituck County Board of Education
83 N.C. App. 408 · Court of Appeals of North Carolina · Nov 25, 1986
Thompson v. Board of Education, 292 N.C. 406 , 233 S.E. 2d 538 (1977). As originally drafted, the statute did not contain the second paragraph of G.S. 115C-325(d)(2). … See Faison v. New Hanover Co. Board of Education, 75 N.C. App. 334 , 330 S.E. 2d 511 (1985). The order appealed from is reversed and this cause is remanded for a full trial on the merits. Reversed and remanded.
Cited 3 timesPublishedAnderson v. Jackson County Board of Education
76 N.C. App. 440 · Court of Appeals of North Carolina · Sep 3, 1985
Artis v. Artis, 228 N.C. 754 , 47 S.E. 2d 228 (1948). … See Lackey v. Board of Education, 258 N.C. 460 , 128 S.E. 2d 806 (1963), in which our Supreme Court reached the same result on similar facts. Defendant’s assignment of error is thus without merit.
Cited 4 timesPublishedMcKethan v. Board of Commissioners
92 N.C. 243 · Supreme Court of North Carolina · Feb 15, 1885
arrest the action of the commissioners in carrying into full effect *249 the act of March 8, 1883, ch. 260, as well as the matter of law arising thereon, are essentially the same as those considered and disposed of in Evans v.
Cited 0 timesPublishedBoard of Education v. Town of Henderson
127 N.C. 8 · Supreme Court of North Carolina · Oct 9, 1900
Summerlin v. Cowles, 107 N. C., 459 ; Cook v. Moore, 100 N. C., 294 . In the order of Judge Moore referring this case to W. B.
Cited 1 timesPublishedEller v. Board of Education of Buncombe County
242 N.C. 584 · Supreme Court of North Carolina · Sep 21, 1955
See Kirby v. Board of Education, 230 N.C. 619 , 55 S.E. 2d 322 . … Our decisions are to the effect that a county board of education has immunity from liability for torts of its members or agents (Benton v. *586 Board of Education, 201 N.C. 653 , 161 S.E. 96 ; Hansley v.
Cited 34 timesPublished
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