Even though the same rape case was the backdrop for the Hickory Police Department’s wrongful acts in 1987-1988 and again from 2003 to 2011, the acts were separate: the earlier wrongful acts involved withholding exculpatory evidence from the district attorney ...

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Although section 8(g) of the Asheville Civil Service Law only specifically refers to a petitioner seeking a jury trial, when read as a whole, § 8(g) permits either a petitioner or a respondent to request a jury trial upon appeal ...

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City of Greensboro v. Guilford County Board of Elections (Lawyers Weekly No. 003-009-17, 27 pp.) (Catherine Eagles, J.) 1:15-cv-00559; M.D.N.C. Holding: Where the General Assembly redistricted the City of Greensboro’s city council seats, and where the only discernible legislative motivation ...

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City of Greensboro v. Guilford County Board of Elections (Lawyers Weekly No. 003-008-17, 21 pp.) (Catherine Eagles, J.) 115-cv-00559; M.D.N.C. Holding: The General Assembly violated the Equal Protection Clause when it singled out the City of Greensboro and prohibited only ...

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Wilkie v. City of Boiling Springs Lakes (Lawyers Weekly No. 011-014-17, 18 pp.) (Linda Stephens, J.) Appealed from Brunswick County Superior Court (Ebern Watson III, J.) N.C. App. Holding: G.S. § 40A-51 defines when the remedy of an inverse condemnation ...

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Town of Belhaven v. Pantego Creek, LLC (Lawyers Weekly No. 011-381-16, 22 pp.) (Wendy Enochs, J.) Appealed from Beaufort County Superior Court (R. Stuart Albright, J.) N.C. App. Holding: Although the 1948 deed from the plaintiff-town to defendants’ predecessors said ...

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Dellinger v. Lincoln County (Lawyers Weekly No. 011-237-16, 22 pp.) (John Tyson, J.) Appealed from Lincoln County Superior Court (Yvonne Evans, J.) N.C. App. Holding: A solar farm developer met its prima facie showing of entitlement to a conditional use ...

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Long v. Currituck County (Lawyers Weekly No. 011-205-16, 15 pp.) (Donna Stroud, J.) Appealed from Currituck County Superior Court (Cy Grant, J.) N.C. App. Holding: Respondent Letendre’s project plan calls for three attached buildings of 5,000 square feet each. Since ...

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Pryor v. City of Raleigh (Lawyers Weekly No. 012-130-16, 8 pp.) (John Tyson, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Unpub. Holding: Where a city police vehicle and a county ambulance collided, crashed into plaintiffs’ ...

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The North Carolina Court of Appeals has issued an opinion that promises to give municipalities across the state more guidance on when those who object to local government decisions can argue their case in court. In short, the appeals court ...

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