Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 North Carolina opinions name it 2 courts 1902–2015 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 |
|---|---|---|
King by and Through Warren v. Stategreen2 sentences2012App. at 225 , 388 S.E.2d at 234 (citing Finch for proposition that “[t]he test for a reasonable exercise of a police power rule or regulation is known as the ‘ends-means’ test” and employing ends-means analysis in holding Coastal Resource Commission’s denial of landowner’s application to build pier on his property was not a taking); King v. State, 125 N.C. 2012App. 379, 385-86 , 481 S.E.2d 330, 334 (1997) (citing Finch in holding no taking had occurred because landowner had not been deprived of all practical use and reasonable value of her property). | 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 |
|---|---|---|
Department of Transportation v. Harkey
green
2 sentences2015If direct access to the roadway still exists then the trial court's decision should be "based on a police-power analysis." Harkey, 308 N.C. at 158 , 301 S.E.2d at 71 . 2015If direct access to the roadway still exists then the trial court's decision should be "based on a police-power analysis." Harkey, 308 N.C. at 158 , 301 S.E.2d at 71 . | 1 | 2015–2015 |
Weeks v. North Carolina Department of Natural Resources & Community Development
green
1 sentence2012App. at 225 , 388 S.E.2d at 234 (citing Finch for proposition that “[t]he test for a reasonable exercise of a police power rule or regulation is known as the ‘ends-means’ test” and employing ends-means analysis in holding Coastal Resource Commission’s denial of landowner’s application to build pier on his property was not a taking); King v. State, 125 N.C. | 1 | 2012–2012 |
Finch v. City of Durham
green
2 sentences1990Finch v. City of Durham, 325 N.C. 352, 363 , 384 S.E.2d 8, 14 , reh. denied, 325 N.C. 714 , 388 S.E.2d 452 (1989). 1990Finch v. City of Durham, 325 N.C. 352, 363 , 384 S.E.2d 8, 14 , reh. denied, 325 N.C. 714 , 388 S.E.2d 452 (1989). | 1 | 1990–1990 |
Finch v. City of Durham
green
2 sentences1990Finch v. City of Durham, 325 N.C. 352, 363 , 384 S.E.2d 8, 14 , reh. denied, 325 N.C. 714 , 388 S.E.2d 452 (1989). 1990Finch v. City of Durham, 325 N.C. 352, 363 , 384 S.E.2d 8, 14 , reh. denied, 325 N.C. 714 , 388 S.E.2d 452 (1989). | 1 | 1990–1990 |
Bolster v. City of Lawrence
green
1 sentence1968In an opinion by Parker, J. (now C.J.), our Supreme Court quoted with approval from Bolster v. Lawrence, 225 Mass. 387 , 114 N.E. 722 , as follows: “The underlying test is whether the act is for the common good of all without the element of special corporate benefit or pecuniary profit. | 1 | 1968–1968 |
Glenn Ex Rel. Glenn v. City of Raleigh
green
2 sentences1968This right to take property does not fall under the doctrine of police power, and the doctrine of respondeat superior applies.” Thus it appears that while our Supreme Court recognizes the right of recovery against a municipal corporation for property damage on the theory that one whose property is appropriated for public purposes is entitled to just compensation therefor, it recognizes immunity of a municipal corporation from liability for personal injury or death arising from the maintenance of a ditch used for drainage and sewerage. *265 In Glenn v. Raleigh, 246 N.C. 469 , 98 S.E. 2d 913 , p 1968This right to take property does not fall under the doctrine of police power, and the doctrine of respondeat superior applies.” Thus it appears that while our Supreme Court recognizes the right of recovery against a municipal corporation for property damage on the theory that one whose property is appropriated for public purposes is entitled to just compensation therefor, it recognizes immunity of a municipal corporation from liability for personal injury or death arising from the maintenance of a ditch used for drainage and sewerage. *265 In Glenn v. Raleigh, 246 N.C. 469 , 98 S.E. 2d 913 , p | 1 | 1968–1968 |
Pemberton v. City of Greensboro
green
2 sentences1960This right to take property does not fall under the doctrine of police power, and the doctrine of respondeat Superior applies.” Also, see Pemberton v. Greensboro, 208 N.C. 466 , 181 S.E. 258 . 1960This right to take property does not fall under the doctrine of police power, and the doctrine of respondeat Superior applies.” Also, see Pemberton v. Greensboro, 208 N.C. 466 , 181 S.E. 258 . | 1 | 1960–1960 |
Allen v. City of Boston
green
1 sentence1902That case refers to Allen v. Boston , 159 Mass. 324 , 38 Am. | 1 | 1902–1902 |
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.