procedural due process claim (North Carolina) · Go Syfert
← North Carolina issues

procedural due process claim in North Carolina

11 North Carolina opinions name it 1 courts 1984–2024 3 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.

Followed or applied (5)

CaseFollowedCited
Good Hope Hospital, Inc. v. North Carolina Department of Health & Human Servicesgreen
ncctapp · 2005 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022App. 266, 272 , 620 S.E.2d 873, 879 (2005). ¶ 16 The procedural due process violation: is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process.

2022App. 266, 272 , 620 S.E.2d 873, 879 (2005). ¶ 16 The procedural due process violation: is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process.

22
Washington State Department of Social & Health Services v. Guardianship Estate of Keffelergreen
scotus · 2003 · cited in 2 North Carolina opinions naming this issue, 2007–2007
2 sentences

2007See Keffeler, 537 U.S. at 380 n. 4, 123 S.Ct. at 1023 n. 4, 154 L.Ed.2d at 982 (declining to reach the issue because the Washington Supreme Court did not reach the argument, "accepted in the alternative by the trial court, that the department violated procedural due process by failing to provide notice of the `intended result' of its appointment as representative, payee").

2007See Keffeler, 537 U.S. at 380 n. 4, 123 S.Ct. at 1023 n. 4, 154 L.Ed.2d at 982 (declining to reach the issue because the Washington Supreme Court did not reach the argument, "accepted in the alternative by the trial court, that the department violated procedural due process by failing to provide notice of the `intended result' of its appointment as representative, payee").

22
Town & Country Civic Organization v. Winston-Salem Zoning Board of Adjustmentgreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 2010–2010
1 sentence

2010App. 516, 518-19 , 350 S.E.2d 893, 894-95 (1986), does address procedural due process issues, at least in dicta, it does not discuss the extent to which the organization and individuals objecting to the radio towers at issue in that proceeding had a constitutionally-protected property interest sufficient to support a procedural due process claim.

11
Board of Regents of State Colleges v. Rothgreen
scotus · 1972 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997See Board of Regents v. Roth, 408 U.S. 564, 569 , 33 L.

1997See Board of Regents v. Roth, 408 U.S. 564, 569 , 33 L.

11
Still v. Lancegreen
nc · 1971 · cited in 1 North Carolina opinions naming this issue, 1984–1984
2 sentences

1984See Still v. Lance, 279 N.C. 254 , 182 S.E. 2d 403 (1971); Dyer v. Bradshaw, 54 N.C.

1984See Still v. Lance, 279 N.C. 254 , 182 S.E. 2d 403 (1971); Dyer v. Bradshaw, 54 N.C.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Presnell v. Pell green
nc · 1979
2 sentences

2024Id. at 724 , 260 S.E.2d at 617 .

2024Id. at 724 , 260 S.E.2d at 617 .

12024–2024
Nanny's Korner Care Center v. North Carolina Department of Health & Human Services — Division of Child Development green
ncctapp · 2014
1 sentence

2019HHS , 234 N.C.

12019–2019
Mathews v. Eldridge green
scotus · 1976
2 sentences

2013Thus, we will proceed to consider the constitutional adequacy of the procedures at issue. “[T]he degree of potential deprivation that may be created by a particular decision is afactor to be considered____” Mathews, 424 U.S. at 341 , 47 L.Ed. 2d at 37 .

2013Thus, we will proceed to consider the constitutional adequacy of the procedures at issue. “[T]he degree of potential deprivation that may be created by a particular decision is afactor to be considered____” Mathews, 424 U.S. at 341 , 47 L.Ed. 2d at 37 .

12013–2013
Nazziola v. Landcraft Properties, Inc. green
ncctapp · 2001
1 sentence

2010App. 564 , 545 S.E.2d 801 (2001), did not involve a procedural due process claim.

12010–2010
Town & Country Civic Organization v. Winston-Salem Zoning Board of Adjustment green
ncctapp · 1986
1 sentence

2010Although Town & Country Civic Organization v. Winston-Salem, Zoning Board of Adjustment, 83 N.C.

12010–2010
United States v. Allied Oil Corp. green
scotus · 1951
1 sentence

2000Salerno, 481 U.S. at 751 , 95 L.

12000–2000
United States v. Salerno green
scotus · 1987
1 sentence

2000Salerno, 481 U.S. at 751 , 95 L.

12000–2000
Dyer v. Bradshaw green
ncctapp · 1981
1 sentence

1984See Still v. Lance, 279 N.C. 254 , 182 S.E. 2d 403 (1971); Dyer v. Bradshaw, 54 N.C.

11984–1984

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (4) NC § N.C. Gen. Stat. § 7A-27 (4)

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.

Where else courts name it

IL 104 (1976–2026) TX 74 (1979–2025) CA 66 (1963–2024) WI 55 (1972–2025) PA 52 (1958–2025) WA 51 (1976–2025) OH 46 (1991–2026) MN 40 (1986–2025) CT 38 (1976–2026) NM 38 (1989–2026) NJ 29 (1972–2026) MI 29 (1978–2025) CO 29 (1988–2026) KS 28 (2002–2026) FL 28 (1983–2025) IA 25 (1979–2022) ID 24 (1990–2024) ME 20 (1995–2024) IN 19 (1976–2026) MO 18 (1976–2019) NY 17 (1979–2026) AZ 16 (1981–2019) UT 14 (2004–2026) NH 13 (1987–2025) MA 13 (1992–2022) VA 13 (1971–2025) WV 13 (1978–2018) NC 11 (1984–2024) MS 11 (1997–2021) AL 11 (1989–2025) LA 11 (1972–2018) MD 11 (1999–2013) MT 10 (2000–2016) GA 10 (1995–2023) TN 9 (1998–2023) VT 9 (1999–2025) RI 9 (1994–2015) DE 8 (1989–2025) OK 8 (1982–2022) SC 8 (1997–2025) SD 8 (2001–2018) OR 7 (1999–2014) DC 6 (1982–2007) HI 6 (1982–2015) NV 5 (1995–2021) AR 5 (1999–2025) KY 4 (2012–2026) NE 4 (1989–2020) AK 4 (2013–2023) WY 3 (2006–2020) ND 2 (2019–2025) VI 2 (2015–2025)

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.

← Caselaw search · G Cite Topics · Brief Check