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Due Process

Mar 29, 2012

Real Property – Constitutional – Due Process – Municipal – Nuisance Notice – Beachfront Cottage – Storm Damage – Public Trust

Town of Nags Head v. Toloczko The plaintiff-town no longer seeks removal of defendants’ beachfront cottage and has invited defendants to apply for a building permit to repair storm damage to their property. Nevertheless, the town maintains that the cottage sits in a “public trust area” and seeks civil penalties for defendants’ refusal to comply with the town’s declaration that t[...]

Mar 21, 2012

Attorneys – Discipline – Disbarment – Constitutional – Due Process – Complaint Allegations – Different Evidence – Real Property – Closing Document

North Carolina State Bar v. Barrett The complaint alleged a single false representation by the defendant-attorney in violation of the Rules of Professional Conduct: the entry of a $7,400 loan from the seller to the buyer as a “down payment” on a HUD-1 statement, which defendant contended was approved by the lender’s loan officer Paul Johnson. However, at the hearing, the State Bar p[...]

Jan 12, 2012

Constitutional – Search & Seizure – DWI Stop – Due Process – Motorcycle Seizure

Northrup v. Albert Where defendant Deputy Goudelock had the impression that plaintiff was speeding, this was sufficient to warrant the deputy’s initial stop of plaintiff. In addition, Deputy Goudelock began to follow plaintiff (and only observed the alleged speeding) following what he believed to be plaintiff leaving the scene of an accident in which plaintiff was involved.

Dec 1, 2011

Labor & Employment – Public Employees – Constitutional – Due Process – ‘Promotion’ – Municipal

Hatley v. City of Charlotte Where (1) defendant’s police department used a competitive process to select 39 staff sergeants; (2) when plaintiff was selected, the police department put on what it called a “promotion ceremony”; (3) the police department provided plaintiff with a memorandum entitled “Your New Rank”;

Nov 11, 2011

Municipal – Ultra Vires Action – Subdivision Ordinance – Schools & School Boards – School Funding – Developer & Builder Fees – Civil Practice – Appeals – Interlocutory – Mootness – Standing – Statute of Limitations – Constitutional – Due Process – Equal Protection

Amward Homes, Inc. v. Town of Cary Our Court of Appeals held that the defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. With Justice Jackson not participating, the remaining members of the court are equally divided, with three members votin[...]

Oct 20, 2011

Domestic Relations – Divorce – Civil Practice — Personal Jurisdiction – Due Process – Minimum Contacts

Shaner v. Shaner The trial court’s exercise of personal jurisdiction over a husband in a divorce case would violate his due process rights since he could not reasonably anticipate being haled into court on the basis of his limited contacts with the state. Reversed.

Oct 7, 2011

Criminal Practice – Constitutional – Due Process – Evidence – Identification – Photos – School Principal

State v. Jones A school principal was not acting as an agent of the state when he tried to help an upset student identify the man who had broken into her house the previous day by showing her photos of registered sex offenders. We find no plain error in defendant’s convictions of misdemeanor breaking and entering, assault on a female, and assault on a child under the age of 12 years.[...]

Sep 22, 2011

Constitutional – Due Process – Property or Liberty Interest – Tort/Negligence – Contract – Municipal

Lanier Construction Co. v. City of Clinton Since the defendant-city was entitled to exercise a great deal of discretion in awarding a construction contract to the lowest responsible bidder, a disappointed bidder - like plaintiff - has no protected property interest in the contract. Defendants’ motion to dismiss is granted as to plaintiff’s claims of due process violation, defamatio[...]

Sep 16, 2011

Administrative – Medicaid – Reimbursement Applications – ‘Unable to Process’ – Constitutional – Due Process

American Human Services Inc. v. North Carolina Department of Health & Human Services The respondent-agency cannot deny a Medicaid reimbursement claim as untimely when petitioner’s timely application was repeatedly sent back to it marked with the undefined phrase “unable to process.” Petitioner is entitled to Medicaid reimbursement of $22,337.22.

Apr 20, 2011

Constitutional – Due Process – First Impression – Civil Commitment – Sexually Dangerous Individuals – Brady

U.S. v. Edwards. (Lawyers Weekly No. 11-02-0391, 22 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Even though the government has a strong interest in protecting its citizens from sexually dangerous individuals, if they are to be civilly committed, those individuals are still entitled to due process, including the protection of the Brady doctrine. Background Respondent […]

Mar 21, 2011

Real Property – Civil Practice – Inadequate Notice – Constitutional – Due Process

Otto v. Certo. (Lawyers Weekly No. 11-07-0274, 8 pp.) (Donna Stroud, J) Appealed from Madison County District Court. (Jack E. Klass, J.) N.C. App. Click here for the full text of the opinion. Holding: Where defendants did not receive notice of a hearing and had no opportunity to be heard, the court’s judgment is reversed […]

Nov 29, 2010

Labor & Employment – Public Employees – Highway Patrol – Canine Officer – Harsh Discipline – Personal Conduct – Constitutional – Due Process

Beatty v. Jones. Even though respondent used unapproved and harsh discipline with his police dog, these methods were no more harsh than the methods approved by the Highway Patrol, the dog was disciplined only until he obeyed respondent's command, and respondent and . . .

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