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6 North Carolina opinions name it 2 courts 1992–2021 2 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Tully v. City of Wilmingtongreen2 sentences2021Id. at 529 , 810 S.E.2d at 211 (quotation marks omitted). ¶ 19 Our Supreme Court held that this denial of process violated the officer’s constitutional rights under Article I, Section 1, reasoning the provision applies “when a governmental entity acts in an arbitrary and capricious manner toward one of its employees by failing to abide by promotional procedures that the employer itself put in place.” Id. at 535-36 , 810 S.E.2d at 215 . 2021Id. at 529 , 810 S.E.2d at 211 (quotation marks omitted). ¶ 19 Our Supreme Court held that this denial of process violated the officer’s constitutional rights under Article I, Section 1, reasoning the provision applies “when a governmental entity acts in an arbitrary and capricious manner toward one of its employees by failing to abide by promotional procedures that the employer itself put in place.” Id. at 535-36 , 810 S.E.2d at 215 . | 2 | 2 |
River Birch Associates v. City of Raleighgreen2 sentences1999One whose interest in the matter in litigation is not a direct or substantial interest, but is an indirect, inconsequential, or a contingent one cannot claim the right to defend.” Strickland v. Hughes, 273 N.C. 481, 485 , 160 S.E.2d 313, 316 (1968) (quoting Mullen v. Town of Louisburg, 225 N.C. 53, 56 , 33 S.E.2d 484, 486 (1945)) (emphasis added) (applying former N.C.G.S. § 1-73), quoted in River Birch Assocs. v. City of Raleigh, 326 N.C. 100, 128 , 388 S.E.2d 538, 554 (1990) (applying Rule 24(a)(2)). 1999One whose interest in the matter in litigation is not a direct or substantial interest, but is an indirect, inconsequential, or a contingent one cannot claim the right to defend.” Strickland v. Hughes, 273 N.C. 481, 485 , 160 S.E.2d 313, 316 (1968) (quoting Mullen v. Town of Louisburg, 225 N.C. 53, 56 , 33 S.E.2d 484, 486 (1945)) (emphasis added) (applying former N.C.G.S. § 1-73), quoted in River Birch Assocs. v. City of Raleigh, 326 N.C. 100, 128 , 388 S.E.2d 538, 554 (1990) (applying Rule 24(a)(2)). | 1 | 1 |
Mullen v. Town of Louisburggreen2 sentences1999One whose interest in the matter in litigation is not a direct or substantial interest, but is an indirect, inconsequential, or a contingent one cannot claim the right to defend.” Strickland v. Hughes, 273 N.C. 481, 485 , 160 S.E.2d 313, 316 (1968) (quoting Mullen v. Town of Louisburg, 225 N.C. 53, 56 , 33 S.E.2d 484, 486 (1945)) (emphasis added) (applying former N.C.G.S. § 1-73), quoted in River Birch Assocs. v. City of Raleigh, 326 N.C. 100, 128 , 388 S.E.2d 538, 554 (1990) (applying Rule 24(a)(2)). 1999One whose interest in the matter in litigation is not a direct or substantial interest, but is an indirect, inconsequential, or a contingent one cannot claim the right to defend.” Strickland v. Hughes, 273 N.C. 481, 485 , 160 S.E.2d 313, 316 (1968) (quoting Mullen v. Town of Louisburg, 225 N.C. 53, 56 , 33 S.E.2d 484, 486 (1945)) (emphasis added) (applying former N.C.G.S. § 1-73), quoted in River Birch Assocs. v. City of Raleigh, 326 N.C. 100, 128 , 388 S.E.2d 538, 554 (1990) (applying Rule 24(a)(2)). | 1 | 1 |
Strickland Ex Rel. Steed v. Hughesgreen2 sentences1999One whose interest in the matter in litigation is not a direct or substantial interest, but is an indirect, inconsequential, or a contingent one cannot claim the right to defend.” Strickland v. Hughes, 273 N.C. 481, 485 , 160 S.E.2d 313, 316 (1968) (quoting Mullen v. Town of Louisburg, 225 N.C. 53, 56 , 33 S.E.2d 484, 486 (1945)) (emphasis added) (applying former N.C.G.S. § 1-73), quoted in River Birch Assocs. v. City of Raleigh, 326 N.C. 100, 128 , 388 S.E.2d 538, 554 (1990) (applying Rule 24(a)(2)). 1999One whose interest in the matter in litigation is not a direct or substantial interest, but is an indirect, inconsequential, or a contingent one cannot claim the right to defend.” Strickland v. Hughes, 273 N.C. 481, 485 , 160 S.E.2d 313, 316 (1968) (quoting Mullen v. Town of Louisburg, 225 N.C. 53, 56 , 33 S.E.2d 484, 486 (1945)) (emphasis added) (applying former N.C.G.S. § 1-73), quoted in River Birch Assocs. v. City of Raleigh, 326 N.C. 100, 128 , 388 S.E.2d 538, 554 (1990) (applying Rule 24(a)(2)). | 1 | 1 |
Matter of Peircegreen1 sentence1992App. 373, 388-89 , 281 S.E.2d 198, 207-08 (1981) (analyzing validity of trial court’s amendment to its judgment terminating parental rights under N.C.G.S. § 1A-1, Rule 60(a)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Colon v. Bailey
green
1 sentence2016Id. at 494, 333 S.E.2d at 507 . | 1 | 2016–2016 |
Davis v. Town of Southern Pines
green
1 sentence1995Acknowledging Corum’s limitation on direct actions, we held that “[p]laintiff’s constitutional right not to be unlawfully imprisoned and deprived of her liberty are adequately protected by her common law claim of false imprisonment, which protects her right to be free from unlawful restraint.” Davis, 116 N.C. | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.