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Constitutional – Ultra Vires – Substantive Due Process – Equal Protection – Summary Judgment – Statute of Limitations (access required)

Tommy Davis Construction, Inc. v. Cape Fear Public Utility Authority (Lawyers Weekly No. 14-02-0721, 12 pp.) (Malcom J. Howard, J.) 7:13-cv-00002; E.D.N.C.   Holding: Defendant Cape Fear Public Utility Authority (CFPUA), a water and sewer company, illegally collected impact fees ...

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Constitutional – Right to Bear Arms – G.S. § 14-415.1 – As-Applied Challenge – Insufficient Showing – Prior Felonies (access required)

Pace v. State The only information plaintiff put forward about his three California felony convictions was his bare assertion that they were non-violent; furthermore, plaintiff failed to allege or offer evidence to show that he has a history of responsible, lawful firearm possession during a time when possession of firearms was not prohibited or that he assiduously and proactively complied with the 2004 amendment to G.S. § 14-415.1, which made the possession of any firearm by a felon illegal.

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Constitutional – Free Speech – Attorneys – DA – Removal from Office – Civil Practice (access required)

In re Cline The respondent-district attorney publicly accused a judge of “moral turpitude, dishonesty and corruption”; “kidnapping the rights of victims and their families”; “intentional malicious conduct”; and “violation of the North Carolina Code of Judicial Conduct”; and she urged the judge to “acknowledge that your hands are covered with the blood of justice, and be ashamed.”

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