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Administrative – ‘Service Units’ – Statutory Interpretation
Section (A)(2)(b) of Ordinance SCU No. 2022-02 based on N.C. Gen. Stat. §162- 201(6) and (8) is ambiguous; therefore, statutory interpretation precedence dictates we turn to Defendant Stanly County’s interpretation […]
Administrative – ‘Permit Choice’ Statutes – Determination of Application ‘Completeness’
The superior court did not err in affirming the Ashe County Planning Board’s decision to issue a Polluting Industries Development Ordinance permit. We reversed the Court of Appeals. This was […]
Administrative – Company Police Act – Jurisdiction
The superior court erred as a matter of law in interpreting the Company Police Act. We vacated and remanded. This case arose from the construction of express toll lanes on […]
Administrative – Board of Adjustment – Notice of Violation
The trial court applied the appropriate standard of review, properly upheld the Board of Adjustment for the City of Durham and Durham County’s decision, and did not abuse its discretion […]
Administrative – Interlocutory – Office of Administrative Hearings
Petitioner’s appeal is interlocutory and otherwise not ripe for review at this time. We dismissed the appeal. In September 2024, Respondent Office of Administrative Hearings (OAH) moved that the appeal […]
Administrative – Service of Process – Motion for Extension of Time
The superior court did not err by granting the North Carolina Board of Architecture and Registered Interior Designers’ (Board) motion to dismiss, as there was not strict compliance with N.C. […]
Administrative – Utilities Commission Jurisdiction – Parent and Subsidiary
The Village of Bald Head Island’s complaint conferred jurisdiction upon the State of North Carolina Utilities Commission to enter a judgment declaring the utility status of Bald Head Island Limited, […]
Administrative – Certificate of Need – Public Hearing
Failure to conduct a public hearing as required by N.C.G.S. §131E-185(a1)(2), despite constituting improper procedure for purposes of N.C.G.S. §150B-23(a)(3), does not automatically result in substantial prejudice to a petitioner […]
Administrative – Emergency Order – Criminal Contempt
We reversed the trial court’s judgment and order finding Defendant in direct criminal contempt of court. We reversed the trial court’s order. In March 2020, the Chief Justice of the […]
Administrative – Administrative Procedure Act – Agency Jurisdiction
The superior court did not err when it affirmed the North Carolina Board of Chiropractic Examiners’ decision to suspend Petitioner’s Doctor of Chiropractic license. We affirmed the superior court’s order […]
Administrative – Certificate of Need – Public Hearing
While the ALJ correctly determined the Agency erred in failing to hold a public hearing, it misapplied Hospice at Greensboro, Inc. v. N.C. Dept. of Human Resources, Division of Facility […]
Administrative – Certificate of Need – CON Criteria
We affirmed the ALJ with respect to geographic access, competition, and Criterion 3; however, because we could not determine whether the ALJ would have found UNC’s application in conformity with […]
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