Although an unsubstantiated opinion as to property’s value is insufficient, the defendant-wife could testify about the value of the plaintiff-husband’s sports memorabilia collection after she (1) researched (a) plaintiff’s eBay bidding history, (b) his Bank of America credit card statements, ...

Tagged with: equal protection

Krueger v. NC Criminal Justice & Training Standards Commission : A 180-day suspension of a law enforcement certification cannot be said to “shock the conscience” when the certified officer knowingly and willfully falsifies training records. Therefore, the suspended officer’s substantive due process rights have not been violated.

Tagged with: equal protection

Dawkins v. Richmond County Schools Plaintiff alleges that he was let go from his teaching position because, according to a school administrator, the defendant-principal “had a problem with” plaintiff’s sexual orientation. This allegation is sufficient to state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause.

Tagged with: Civil Rights Constitutional discrimination equal protection Labor & Employment Public Employees Schools & School Boards

Edwards v. Morrow We read G.S. § 130A-496 to exempt private, nonprofit country clubs from the general prohibition on smoking in restaurants and bars; however, private, for-profit country clubs are not exempt from the ban. Given the General Assembly’s motive for enacting the ban – protection of the public from secondhand smoke – this is a rational, and therefore constitutional, distinction.

Tagged with: Constitutional equal protection Exemptions Smoking Ban

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 voting to reverse and three members voting to affirm the decision of the Court of Appeals.

Tagged with: appeals Civil Practice Constitutional developer & builder fees Due Process equal protection interlocutory mootness Municipal Schools & School Boards standing Statute of Limitations

Liebes v. Guilford County Dept. of Public Health The statutory scheme exempting nonprofit private clubs but including for-profit private clubs within the ambit of the smoking ban does not violate the plaintiff’s equal protection rights since there exists a rational basis for the legislature’s differential treatment of for-profit and nonprofit private clubs. We affirm the trial court’s order.

Tagged with: Administrative Constitutional equal protection first impression Smoking Ban

Saine v. State. The session law allocating $1 million to Johnson and Wales University serves a public purpose by providing funds to a private, nonprofit university in order to assist in educating N.C. citizens . . .

Tagged with: Constitutional equal protection standing Wake County

Amward Homes, Inc. v. Town of Cary. 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. [...]

Tagged with: appeals Civil Practice Constitutional developer & builder fees Due Process equal protection interlocutory mootness Municipal Schools & School Boards standing Statute of Limitations