Appellate Court Opinions
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35,415 Appellate Court Opinions
Supreme Court Opinions Filed June 11, 2015
Cape Fear River Watch v N.C. Envtl. Mgmt. Comm'n
Whether appeal from an administrative agency's order on petition for judicial review of EMC's declaratory ruling interpreting application of groundwater protection rules to power plant coal ash ponds that received initial permits to operate before 1984 should be dismissed for mootness.
In re J.C.
Disposition order setting conditions for mother's visitation with minor children under N.C.G.S. 7B-905.1; whether the trial court erred in imposing costs of supervised visitation on the mother without first determining the mother's ability to pay those costs
In re T.L.H.
Termination of parental rights; whether the trial court abused its discretion by failing to hold a hearing to inquire whether a GAL should be appointed to represent the mother pursuant to N.C.G.S. 7B-1101.1(c)
Morgan v Morgan Motor Company of Albemarle
Workers' Compensation; whether injury sustained by an employee while working at another business arose out of and occurred in the course of his employment with defendant
Sandhill Amusements, Inc. v Sheriff of Onslow County
Application of N.C.G.S. 14-306.4, prohibiting operation of electronic machines that conduct or promote a sweepstakes through use of an entertaining display, to plaintiffs' marketing system; whether the challenged system is exempt because it involves a game of skill, rather than a game of chance; whether the trial court erred in granting plaintiffs' motion for a preliminary injunction barring enforcement of gambling laws against them; whether appellate court has jurisdiction to hear sheriff's interlocutory appeal from the preliminary injunction because the appeal affects a substantial right
State v Berry
Whether the trial court committed prejudicial error by giving a jury instruction that constituted an opinion on a question of fact in violation of N.C.G.S. 15A-1222 and 15A-1232
State v Campbell
Whether an indictment charging defendant with larceny was fatally defective because it did not allege that the church co-owner of the property has the legal ability to own property; whether the State presented sufficient evidence of defendant's intent to commit felony larceny by showing that he made an unlawful entry and property was later found missing from the premises
State v. Benton
Reasonable suspicion to make investigatory stop of defendant; motion to suppress evidence seized as a result
State v. Elder
Motion to suppress evidence; whether the district court had authority to order a general search for weapons of defendant's person, home, and vehicle pursuant to an ex parte Domestic Violence Order of Protection
State v. Galaviz-Torres
Plain error review; whether defendant should receive a new trial in light of the trial court's unobjected-to failure to deliver a supplemental guilty knowledge instruction.
State v. Jackson
Reasonable suspicion to make investigatory stop of defendant; motion to suppress evidence seized as a result
State v. May
Trial court's instructions to a deadlocked jury in violation of N.C.G.S. 15A-1235; whether defendant waived appellate review of his argument that the instructions violated Art. I, sec. 24 of the N.C. Constitution; plain error review
Templeton Properties LP v Town of Boone
Review of zoning board's denial of a special use permit to open a medical clinic in a residentially zoned area
Tovar-Mauricio v T.R. Driscoll, Inc.
Workers' compensation claims for injuries sustained by employees while working out of state; benefits were paid by employer's insurer that provided coverage in that state under that state's workers' compensation laws; when employees later 'transferred' their claims to the N.C. Industrial Commission, whether employer's different insurer responsible for claims in North Carolina is liable for these plaintiffs' claims filed in this state
Town of Midland v Wayne
Condemnation action; whether an inverse taking occurred based on the Town's impairment of defendant's vested right to develop property under an approved subdivision plan; extent of area affected by the taking/unity of ownership of adjacent parcels
Court of Appeals Published Opinions Filed June 2, 2015
Court of Appeals Unpublished Opinions Filed June 2, 2015
Adcox v Clarkson Bros. Constr. Co.,
Law of the case in workers' compensation cases
Anderson v Seascape At Holden Plantation, LLC
Property owner's association; derivative litigation; standing; constructive fraud