In re Patron (Lawyers Weekly No. 011-373-16, 17 pp.) (Wendy Enochs, J.) Appealed from Randolph County District Court (Scott Etheridge, J.) N.C. App. Holding: Even though appellant’s stepson had turned 18 by the time of the hearing, since he was ...

Tagged with: Judicial Review

Isenberg v. North Carolina Department of Commerce (Lawyers Weekly No. 15-07-0399, 9 pp.) (Douglas McCullough, J.) Appealed from Guilford County Superior Court (A. Robinson Hassell, J.) N.C. App. Holding: Since petitioner failed to serve her former employer with process within ...

Tagged with: Judicial Review unemployment benefits

Gasper v. Board of Trustees Since there were no policies provided by Halifax Community College or by statute to establish procedures for the review of a decision by HCC’s board of trustees to dismiss an employee, in order to obtain judicial review of his termination, plaintiff could only petition for writ of certiorari. The superior court lacked subject matter jurisdiction over plaintiff’s complaint.

Tagged with: Administrative Civil Practice Judicial Review Labor & Employment Public Employees

In re Appeal of Peacock Even though the board of adjustment’s rules required it to enter its final decision in its minutes, and even though this was not accomplished until July 14, 2010, since the board’s written ruling was issued and signed by the zoning administrator and board chairman on May 17, 2010 and then filed with the town’s records on May 18, 2010, G.S. § 160A-388(e2) required petitioner to seek judicial review by June 18, 2010, and his July 28, 2010 petition was untimely.

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McCrann v. Village of Pinehurst Petitioners did not make a formal request for notice of the village council’s decision, and their petition for judicial review was filed 31 days after the council filed its decision. We affirm the superior court’s dismissal of the petition as untimely filed.

Tagged with: Civil Practice Judicial Review Municipal

Dow AgroSciences LLC v. National Marine Fisheries Service. (Lawyers Weekly No. 11-01-0324, 18 pp.) (Niemeyer, J.) No. 09-1968, March 2, 2011; USDC at Greenbelt, Md. (Williams, J.) 4th Cir. Click here for the full text of the opinion. Holding: Manufacturers ...

Tagged with: Administrative Judicial Review

Haas v. North Carolina Department of Crime Control & Public Safety. (Lawyers Weekly No. 10-16-0890, 15 pp.) (Ann Marie Calabria, J.) Appealed from Wake County Superior Court. (Carl R. Fox, J.) N.C. App. Unpub. Holding: In a review of a ...

Tagged with: Administrative Judicial Review Labor & Employment Public Employees Standard of Review Wake County