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Tag Archives: findings of fact

Municipal – Involuntary Annexation – Substantial Compliance – Meaningful Extension of Services – G.S. § 160A-47 – Findings of Fact – Conclusion of Law (access required)

Gates Four Homeowners Association, Inc. v. City of Fayetteville. (Lawyers Weekly No. 10-16-1188, 16 pp.) (Rick Elmore, J.) Appealed from Cumberland County Superior Court (Richard L. Doughton, J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Criminal Practice – License & Registration Checkpoint – Written Policy – Motion to Suppress – Findings of Fact – Conclusions of Law (access required)

State v. Butler. (Lawyers Weekly No. 10-16-1197, 8 pp.) (Barbara Jackson, J.) Appealed from Montgomery County Superior Court (Lindsay R. Davis, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Because the trial court’s conclusion ...

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Workers’ Compensation – Occupational Disease – Findings of Fact – Causal Connection – G.S. § 97-53(13) (access required)

Spruill v. N.C. Dept of Agriculture. Plaintiff's job at the Tidewater Research Center kept him outside most of the time, and he was often exposed to ticks, especially while maintaining ditch banks and fence lines to keep deer away from crops. The commission's findings of fact were sufficient to support its conclusion that the plaintiff developed Lyme disease as a result of his occupational exposure to ticks. Accordingly, the commission correctly concluded that the plaintiff contracted an occupational disease.

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Bojangles’ biscuit maker’s case remanded for findings of fact (access required)

The Court of Appeals took up the hefty issue of made-from-scratch biscuits in an unpublished opinion. The verdict? Bojangles' biscuits are made from scratch. But did they cause Ana Garcia's carpal tunnel syndrome? Perhaps, but the commission's findings of fact were insufficient to support that conclusion, so the Court of Appeals remanded the case of Garcia v. Huffbo (Lawyers Weekly No. 10-07-1005, 6 pp.) to the Industrial Commission for further findings.

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Real Property – Civil Practice – Findings of Fact – Restrictive Covenants – Fee Assessment (access required)

Chleborowicz v. Inlet Point Harbor Boat Owners Ass'n Inc. In a case in which homeowners challenged an association's levying of additional fees for maintenance of certain areas, the trial court did not make adequate findings of fact on whether the costs should be assessed equally among all association members. Affirmed in part and remanded in part.

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