North Carolina Lawyers Weekly
In order to appeal the respondent-agency’s administrative ruling, petitioner was required to comply with G.S. § 150-46, which requires service of process upon the parties of record to the administrative proceedings. Although petitioner served counsel of record, it failed to ...
Read More »Administrative — Judicial Review – Service of Process – Pleadings Amendment – Good Cause Argument
Administrative — Judicial Review – Pleading Requirements – Licensing – Professional Counselor 
The respondent-board revoked petitioner’s professional counseling license after determining that he had (1) sexually assaulted patient “Ms. S.,” (2) employed cognitive behavioral therapy to treat Ms. S. when he was not competent to do so, and (3) failed to develop ...
Read More »Administrative — CON – Legacy Medical Care Facility – ‘Acquire or Reopen’ – Unrelated Entity
G.S. § 131E-184(h) allows an entity to skip the usual intensive certificate-of-need review if it intends to “acquire or reopen” a legacy medical care facility (LMCF) in the same service area as the LMCF that ceased operations. We read § ...
Read More »Administrative – Taxpayers lack standing to challenge county cash assistance program
Where two Maryland taxpayers alleged a Montgomery County cash-assistance program that pays residents, including foreign nationals in the country without documentation, violates a federal statute that prohibits undocumented persons from receiving state and local benefits, the suit was dismissed because ...
Read More »Administrative – State can sue U.S. for Clean Air Act violation
Where a provision in the Clean Air Act waived the United States’ sovereign immunity as to “any … remedy or sanction,” North Carolina could sue the United States to recover an unpaid civil penalty it assessed when a Marine Corps ...
Read More »Contract — Promissory Note – Civil Practice – Statute of Limitations – Signed Instrument – Preparation or Execution Date – First Impression
The parties’ promissory note was dated 30 July 2008 but was not signed by the defendant-borrower until 2 July 2009. Since the plaintiff-lender could not have sued on the note before it was executed, the statute of limitations did not ...
Read More »Administrative — CON – Mobile PET Scanner – Anti-Competitive Activity
Even though applicant Insight Health Corp. was required to show it would provide mobile PET scanner services for at least two host healthcare sites, and even though one of Insight’s two hosts rescinded its letter of support during the application ...
Read More »Administrative — Responsible Individuals List – Domestic Relations – Parent & Child – Insufficient Findings
The trial court found as fact that the petitioner-father admitted to holding down his teenage daughter on two occasions and to “swinging towards” her, but the trial court did not specify whether it found these facts to constitute abuse by ...
Read More »Administrative — Gaming Machines – Chance & Dexterity – Unlawful Sweepstakes
In the two video games that customers can play at plaintiff’s retail establishments, the second game involves skill or dexterity; however, the extent to which a customer is able to win more than a minimal amount of money is controlled ...
Read More »Administrative – Voter documents may be subject to disclosure
Where the Public Interest Legal Foundation requested records of North Carolina voter registrants identified by the Board of Elections as possibly not having satisfied citizenship requirements, the district court erred by ruling the records were not subject to disclosure under ...
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