Shepherd v. Consol. Jud. Ret. Sys., 366 S.E.2d 604 (N.C. Ct. App. 1988). · Go Syfert
Shepherd v. Consol. Jud. Ret. Sys., 366 S.E.2d 604 (N.C. Ct. App. 1988). Cases Citing This Book View Copy Cite
“when a superior court judge sits as an appellate court to review an administrative agency decision the judge is not required to make findings of fact and enter a judgment thereon in the same manner as the court would be when acting in its role as the trial court.”
23 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: Avant v. Sandhills Center for Mental Health, Developmental Disabilities & Substance Abuse Services
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Avant v. Sandhills Center for Mental Health, Developmental Disabilities & Substance Abuse Services (4×) also: Cited "see"
unknown court · 1999 · quote attribution · 1 verbatim quote · confidence high
when a superior court judge sits as an appellate court to review an administrative agency decision the judge is not required to make findings of fact and enter a judgment thereon in the same manner as the court would be when acting in its role as the trial court.
cited Cited as authority (rule) N.C. Dep't of Revenue v. Asphalt Emulsion Indus., LLC
N.C. Bus. Ct. · 2026 · confidence medium
Sys., 89 N.C.
discussed Cited as authority (rule) Thompson v. Union Cty.
N.C. Ct. App. · 2022 · confidence medium
App. 560, 562 , 366 S.E.2d 604, 605 (1988) (citing Markham v. Swails, 29 N.C.
discussed Cited as authority (rule) Thompson v. Union Cty.
N.C. Ct. App. · 2022 · confidence medium
App. 560, 562 , 366 S.E.2d 604, 605 (1988) (citing Markham v. Swails, 29 N.C.
discussed Cited as authority (rule) Ragland v. Nash-Rocky Mount Bd. Of Educ.
N.C. Ct. App. · 2016 · confidence medium
See id.; Shepherd, 89 N.C.App. at 562 , 366 S.E.2d at 605-06 (1988) ; see also Area Mental Health Auth. v. Speed, 69 N.C.App. 247 , 250, 317 S.E.2d 22 , 25 (1984) (noting that "it is unnecessary for a trial judge who reviews administrative action ... to explain the reasons for his decision to affirm such action").
examined Cited as authority (rule) Brunson v. Tatum (3×) also: Cited "see"
N.C. Ct. App. · 2009 · confidence medium
App. 560, 562 , 366 S.E.2d 604, 605 (1988)).
cited Cited as authority (rule) Sutton v. North Carolina Department of Labor
N.C. Ct. App. · 1999 · confidence medium
App. 560, 562 , 366 S.E.2d 604, 605 (1988).
discussed Cited "see" Marsico v. New Hanover Cnty. Bd. of Educ. (2×)
N.C. Ct. App. · 2015 · signal: see · confidence high
See Shepherd v. Consolidated Judicial Retirement Sys., 89 N.C.App. 560 , 562, 366 S.E.2d 604 , 605-06 (1988) ("[W]hen a superior court judge sits as an appellate court to review an administrative agency decision the judge is not required to make findings of fact....
Retrieving the full opinion text from the archive…
Hugh Harold Shepherd
v.
Consolidated Judicial Retirement System
8710SC999.
Court of Appeals of North Carolina.
Apr 5, 1988.
366 S.E.2d 604
David Yates Bingham for petitioner, appellant. , Attorney General Lacy H. Thornburg, by Assistant Attorney General Norma S. Harrell, for respondent, appellee.
Hedrick, Johnson, Orr.
Cited by 8 opinions  |  Published
HEDRICK, Chief Judge.

On appeal to this Court petitioner contends the superior court erred by not making findings of fact and conclusions of law in its judgment of 1 May 1987.

[*562] G.S. 150B-17 states that a “declaratory ruling is subject to judicial review in the same manner as an order in a contested case.” Under G.S. 150A-51 the reviewing court was required to set out written reasons only when reversing or modifying an agency decision. The Administrative Procedure Act, formerly Chapter 150A of the North Carolina General Statutes, was recodi-fied as Chapter 150B effective 1 January 1986. G.S. 150B-51 of the recodified Act does not even require that the reviewing court set out its reasons for reversal or modification.

This Court has held that when a superior court judge sits as an appellate court to review an administrative agency decision the judge is not required to make findings of fact and enter a judgment thereon in the same manner as the court would be when acting in its role as trial court. Markham v. Swails, 29 N.C. App. 205, 223 S.E. 2d 920, disc. rev. denied, 290 N.C. 309, 225 S.E. 2d 829, cert. denied, 290 N.C. 551, 226 S.E. 2d 510, cert. denied, 429 U.S. 940, 97 S.Ct. 356, 50 L.Ed. 2d 310 (1976). If the superior court judge does make findings of fact and conclusions of law, these will not be considered in our appellate review. Area Mental Health Authority v. Speed, 69 N.C. App. 247, 317 S.E. 2d 22, disc. rev. denied, 312 N.C. 81, 321 S.E. 2d 893 (1984).

Judge Bailey’s judgment of 1 May 1987 recited that the court had reviewed the record and matters on file and had considered the oral arguments and relevant statutory provisions. Based on these considerations Judge Bailey concluded that the declaratory ruling of Director E. T. Barnes was not erroneous as a matter of law and should be affirmed.

We hold this judgment meets all the requirements of G.S. 150B-51 and is clearly sufficient as a matter of law. See In re House of Raeford Farms v. Brooks, 63 N.C. App. 106, 304 S.E. 2d 619 (1983), disc. rev. denied, 310 N.C. 153, 311 S.E. 2d 291 (1984). Petitioner’s argument is without merit.

Petitioner also contends the trial court “committed reversible error in that it ignored the specific language of N.C.G.S. Sec. 135-58(b) relating to determining creditable service as of the time of Petitioner/Appellant’s retirement” and that the trial court “committed reversible error in that the Court failed and refused to find the language of N.C.G.S. Sec. 135-58(b) sufficiently ambigú[*563] ous as to require the Court to interpret it in light of expressed legislative intent.”

We have examined Judge Bailey’s judgment and Director Barnes’ declaratory ruling in this light and find these contentions to be without merit. Manifestly, Director Barnes and Judge Bailey did not ignore the “specific language of N.C.G.S. Sec. 135-58(b) relating to determining creditable service as of the time of Petitioner/Appellant’s retirement” as contended by petitioner. It is clear that Director Barnes considered the statute cited by petitioner and correctly applied it to petitioner’s factual situation. We also do not find G.S. 135-58(b) in any way ambiguous to petitioner’s situation, and we find no necessity to construe the legislature’s intent with respect to this statute. The judgment dated 1 May 1987 affirming the declaratory ruling of the director of the Division of Retirement Services of the Department of State Treasurer is affirmed.

Affirmed.

Judges JOHNSON and Orr concur.