description violation (North Carolina) · Go Syfert
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description violation in North Carolina

6 North Carolina opinions name it 2 courts 1896–2025 1 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 (4)

CaseFollowedCited
Quality Built Homes Inc. v. Town of Carthagegreen
nc · 2018 · cited in 2 North Carolina opinions naming this issue, 2019–2020
2 sentences

2020This Court recently analyzed the continuing wrong doctrine, noting that: With respect to the continuing wrong doctrine and its impact on a statute of limitations analysis, the North Carolina Supreme Court recently clarified that although the doctrine has sometimes been treated as an exception to the rules governing the operation of statutes of limitation, “such a description of the doctrine in question is a misnomer given that the ‘continuing wrong’ doctrine does nothing more than provide that the applicable limitations period starts anew in the event that an allegedly unlawful act is repeated

2020This Court recently analyzed the continuing wrong doctrine, noting that: With respect to the continuing wrong doctrine and its impact on a statute of limitations analysis, the North Carolina Supreme Court recently clarified that although the doctrine has sometimes been treated as an exception to the rules governing the operation of statutes of limitation, “such a description of the doctrine in question is a misnomer given that the ‘continuing wrong’ doctrine does nothing more than provide that the applicable limitations period starts anew in the event that an allegedly unlawful act is repeated

22
Burgess v. Your House of Raleigh, Inc.green
nc · 1990 · cited in 1 North Carolina opinions naming this issue, 2025–2025
1 sentence

2025See Burgess v. Your House of Raleigh, Inc., 326 N.C. 205, 216 (1990) (“A statute must be construed, if possible, so as to give effect to every provision, it being presumed that the Legislature did not intend any of the statute's provisions to be surplusage.” (cleaned up)).

11
Westminster Homes, Inc. v. Town of Cary Zoning Board of Adjustmentgreen
nc · 2001 · cited in 1 North Carolina opinions naming this issue, 2025–2025
1 sentence

2025Even if this Court were to regard the description requirement in UDO § 15.2.1.C as ambiguous, we would likely still construe it to demand significant detail. “[T]his Court will resolve any well-founded doubts about a [zoning ordinance] provision’s meaning in favor of ‘the free use of land.’ ” Schooldev, 386 N.C. at 776-77 (quoting Westminster Homes, Inc. v. Town of Cary Zoning Bd. of Adjustment, 354 N.C. 298, 308 (2001)).

11
Morrissey v. Brewergreen
scotus · 1972 · cited in 1 North Carolina opinions naming this issue, 2017–2017
2 sentences

2017See Morrissey, 408 U.S. at 486 -87 , 92 S.Ct. at 2602 -03 , 33 L.Ed.2d at 497 ; see also N.C.G.S. § 15A-1345 (2015).

2017See Morrissey, 408 U.S. at 486 -87 , 92 S.Ct. at 2602 -03 , 33 L.Ed.2d at 497 ; see also N.C.G.S. § 15A-1345 (2015).

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 (5)

CaseCitedYears
Schooldev E., LLC v. Town of Wake Forest green
nc · 2024
1 sentence

2025Even if this Court were to regard the description requirement in UDO § 15.2.1.C as ambiguous, we would likely still construe it to demand significant detail. “[T]his Court will resolve any well-founded doubts about a [zoning ordinance] provision’s meaning in favor of ‘the free use of land.’ ” Schooldev, 386 N.C. at 776-77 (quoting Westminster Homes, Inc. v. Town of Cary Zoning Bd. of Adjustment, 354 N.C. 298, 308 (2001)).

12025–2025
Cuyler v. Sullivan green
scotus · 1980
2 sentences

2011Nevertheless, while we acknowledge the Sullivan assumption that, absent special circumstances, multiple representation does not give rise to a conflict of interest or that defendant and defense counsel knowingly accept the risk of a conflict, the prosecutor’s description of defense counsel’s multiple representation of Wahome and defendant was sufficient to put the trial court on notice of a “particular conflict.” See Sullivan, 446 U.S. at 347 , 64 L.

2011Nevertheless, while we acknowledge the Sullivan assumption that, absent special circumstances, multiple representation does not give rise to a conflict of interest or that defendant and defense counsel knowingly accept the risk of a conflict, the prosecutor’s description of defense counsel’s multiple representation of Wahome and defendant was sufficient to put the trial court on notice of a “particular conflict.” See Sullivan, 446 U.S. at 347 , 64 L.

12011–2011
Doe Ex Dem. of Melton v. Monday neutral
nc · 1870
1 sentence

1896Melton v. Monday, 64 N. C., 295 ; Beattie v. Railroad, 108 N. C., 425 .

11896–1896
Eastern Carolina Land v. Frey neutral
nc · 1893
1 sentence

1896The plaintiff’s contention is not sustained by the line of cases wherein the question has arisen whether an exception in a paten tof«Zi land theretofore granted was sufficiently definite to admit parol proof to identify the land excepted, (Mining Co. v. Frey, 112 N. C., 158 ; McCormick v. Monroe, 1 Jones, 13 ,) because the reference to all that had been previously granted ( as Judge Pearson sajs in McCormick, v. Monroe, supra ) “ points to the means by which the description in the exception may be made sufficiently certain to avoid the objection of vagueness by aid of the maxim, “ Id cerium es

11896–1896
Beattie v. Carolina Central Railroad green
nc · 1891
1 sentence

1896Melton v. Monday, 64 N. C., 295 ; Beattie v. Railroad, 108 N. C., 425 .

11896–1896

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 7A-30 (3)

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

CA 28 (1905–2026) PA 26 (1861–2021) NY 20 (1890–2023) OR 13 (1898–2024) TX 13 (1952–2024) MI 12 (1969–2021) TN 11 (1993–2026) GA 10 (1983–2017) FL 8 (1981–2021) AZ 7 (1978–2022) IL 6 (1907–2024) NC 6 (1896–2025) WI 6 (1978–2022) CO 6 (1889–2021) OH 5 (1999–2003) MA 5 (1916–2018) WA 5 (1917–2025) IN 5 (1998–2019) MD 5 (1961–2020) UT 4 (1905–2016) NJ 4 (1880–2009) MO 4 (1869–2014) ME 4 (2018–2022) CT 4 (1904–2018) KS 3 (1952–2024) AK 3 (1983–2009) ID 2 (1908–2021) IA 2 (1910–1982) NM 2 (1919–2020) MS 2 (1992–2010) NE 2 (1993–2018) SD 2 (1983–1997) NV 2 (1958–2016)

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.

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