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12 North Carolina opinions name it 2 courts 1967–2017 0 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 |
|---|---|---|
Capricorn Equity Corp. v. Town of Chapel Hill Board of Adjustmentgreen2 sentences2015In reviewing the whole record, the trial court "is not the trier of fact but rather sits as an appellate court and may review both (i) sufficiency of the evidence presented to the municipal board and (ii) whether the record reveals error of law." Capricorn Equity Corp. v. Town of Chapel Hill Bd. of Adjust., 334 N.C. 132 , 136, 431 S.E.2d 183 , 186 (1993) (citations omitted). 2015In reviewing the whole record, the trial court "is not the trier of fact but rather sits as an appellate court and may review both (i) sufficiency of the evidence presented to the municipal board and (ii) whether the record reveals error of law." Capricorn Equity Corp. v. Town of Chapel Hill Bd. of Adjust., 334 N.C. 132 , 136, 431 S.E.2d 183 , 186 (1993) (citations omitted). | 4 | 6 |
Application of Campsites Unlimited, Inc.green2 sentences2015"It is not the function of the reviewing court, in such *288 a proceeding, to find the facts but to determine whether the findings of fact made by the Board are supported by the evidence before the Board." Application of Campsites Unlimited, Inc., 287 N.C. 493 , 498, 215 S.E.2d 73 , 76 (1975) ; *908 see Lambeth v. Town of Kure Beach, 157 N.C.App. 349 , 353, 578 S.E.2d 688 , 691 (2003). 2015"It is not the function of the reviewing court, in such *288 a proceeding, to find the facts but to determine whether the findings of fact made by the Board are supported by the evidence before the Board." Application of Campsites Unlimited, Inc., 287 N.C. 493 , 498, 215 S.E.2d 73 , 76 (1975) ; *908 see Lambeth v. Town of Kure Beach, 157 N.C.App. 349 , 353, 578 S.E.2d 688 , 691 (2003). | 1 | 2 |
Lambeth v. Town of Kure Beachgreen2 sentences2015"It is not the function of the reviewing court, in such *288 a proceeding, to find the facts but to determine whether the findings of fact made by the Board are supported by the evidence before the Board." Application of Campsites Unlimited, Inc., 287 N.C. 493 , 498, 215 S.E.2d 73 , 76 (1975) ; *908 see Lambeth v. Town of Kure Beach, 157 N.C.App. 349 , 353, 578 S.E.2d 688 , 691 (2003). 2015"It is not the function of the reviewing court, in such *288 a proceeding, to find the facts but to determine whether the findings of fact made by the Board are supported by the evidence before the Board." Application of Campsites Unlimited, Inc., 287 N.C. 493 , 498, 215 S.E.2d 73 , 76 (1975) ; *908 see Lambeth v. Town of Kure Beach, 157 N.C.App. 349 , 353, 578 S.E.2d 688 , 691 (2003). | 1 | 2 |
State v. Pakulskigreen2 sentences2017See , e.g. , Pakulski , 326 N.C. at 442 , 390 S.E.2d at 133 ("Our own close examination of the record reveals no error on the face of the record which would justify an arrest of judgment. 2017See , e.g. , Pakulski , 326 N.C. at 442 , 390 S.E.2d at 133 ("Our own close examination of the record reveals no error on the face of the record which would justify an arrest of judgment. | 1 | 1 |
Batch v. Town of Chapel Hillgreen2 sentences1993Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E.2d 379, 383 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980); see also Batch v. Town of Chapel Hill, 326 N.C. 1, 11 , 387 S.E.2d 655, 662 (“The superior court judge may not make additional findings [of fact]. 1993Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E.2d 379, 383 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980); see also Batch v. Town of Chapel Hill, 326 N.C. 1, 11 , 387 S.E.2d 655, 662 (“The superior court judge may not make additional findings [of fact]. | 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 |
|---|---|---|
Concrete Co. v. Board of Commissioners
green
2 sentences1994Concrete Co. v. Board of Commissioner, 299 N.C. 620 , 265 S.E.2d 379 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980). 1993Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E.2d 379, 383 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980); see also Batch v. Town of Chapel Hill, 326 N.C. 1, 11 , 387 S.E.2d 655, 662 (“The superior court judge may not make additional findings [of fact]. | 2 | 1993–1994 |
Coastal Ready-Mix Concrete Co. v. Board of Commissioners
green
2 sentences1994Concrete Co. v. Board of Commissioner, 299 N.C. 620 , 265 S.E.2d 379 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980). 1994Concrete Co. v. Board of Commissioner, 299 N.C. 620 , 265 S.E.2d 379 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980). | 2 | 1993–1994 |
Coastal Ready-Mix Concrete Co, Inc. v. Board of Commissioners of Town of Nags Head
green
1 sentence1994Concrete Co. v. Board of Commissioner, 299 N.C. 620 , 265 S.E.2d 379 , reh’g denied, 300 N.C. 562 , 270 S.E.2d 106 (1980). | 1 | 1994–1994 |
State v. Davis
green
2 sentences1977However, for the reasons stated in State v. Davis, 290 N.C. 511 , 227 S.E. 2d 97 (1976), the sentence of death imposed upon defendant must be vacated and one of life imprisonment substituted therefor. 1977However, for the reasons stated in State v. Davis, 290 N.C. 511 , 227 S.E. 2d 97 (1976), the sentence of death imposed upon defendant must be vacated and one of life imprisonment substituted therefor. | 1 | 1977–1977 |
State v. Woody
green
2 sentences1972The bill of indictment is proper in form; the defendant’s plea of guilty to a less degree of the offense charged in the indictment against him is authorized by statute; State v. Woody, 271 N.C. 544 , 157 S.E. 2d 108 (1967) ; defendant was represented by an experienced attorney; the court, following a careful inquiry, determined that defendant’s guilty plea was freely, understanding^, and voluntarily entered; and the sentence imposed is well within the limits provided by statute; G.S. 14-18. 1972The bill of indictment is proper in form; the defendant’s plea of guilty to a less degree of the offense charged in the indictment against him is authorized by statute; State v. Woody, 271 N.C. 544 , 157 S.E. 2d 108 (1967) ; defendant was represented by an experienced attorney; the court, following a careful inquiry, determined that defendant’s guilty plea was freely, understanding^, and voluntarily entered; and the sentence imposed is well within the limits provided by statute; G.S. 14-18. | 1 | 1972–1972 |
State v. LePard
green
2 sentences1967The record reveals no violation of any constitutional right of the defendant or any error in the judgment of which he complains or in the proceedings leading thereto.” State v. LePard, 270 N.C. 157 , 153 S.E. 2d 875 . 1967The record reveals no violation of any constitutional right of the defendant or any error in the judgment of which he complains or in the proceedings leading thereto.” State v. LePard, 270 N.C. 157 , 153 S.E. 2d 875 . | 1 | 1967–1967 |
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.