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Tag Archives: Judicial Review

Administrative — Judicial Review – Civil Practice – Service of Process – Subject Matter Jurisdiction – Labor & Employment

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 ...

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Labor & Employment – Public Employees – Civil Practice – Administrative – Judicial Review — Writ of Certiorari

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.

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Municipal – Zoning – Appeals – Judicial Review – Untimely Petition – Final Order – Notice

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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Municipal – Civil Practice – Judicial Review – Untimely Petition – Village Council Order – Notice Request

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.

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Administrative – Judicial Review – Standard of Review – Labor & Employment – Public Employees

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 ...

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