difficult challenge in North Carolina

2019"A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid." United States v. Salerno , 481 U.S. 739 , 745, 107 S. Ct. 2095 , 2100, 95 L.Ed. 2d 697 , 707 (1987) ; see also Patel , 135 S. Ct. at 2449, 2451 , 192 L.Ed. 2d at 443, 446 (majority opinion) (applying the Salerno standard to a Fourth Amendment facial challenge).

2019“A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno, 481 U.S. 739, 745 , 107 S. Ct. 2095, 2100 , 95 L.

2023“In addressing the facial validity of [a statute], our inquiry is guided by the rule that a facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully.” State v. Bryant, 359 N.C. 554, 564 , 614 S.E.2d 479, 485 (2005) (cleaned up) (quoting United States v. Salerno, 481 U.S. 739, 745 , 107 S. Ct. 2095, 2100 (1987)).

2023“In addressing the facial validity of [a statute], our inquiry is guided by the rule that a facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully.” State v. Bryant, 359 N.C. 554, 564 , 614 S.E.2d 479, 485 (2005) (cleaned up) (quoting United States v. Salerno, 481 U.S. 739, 745 , 107 S. Ct. 2095, 2100 (1987)).

2025“A facial challenge to the constitutionality of an act,” like the one defendant brings here, “is the most difficult challenge to mount successfully.” Id. (quoting Hart, 368 N.C. at 131 , 774 S.E.2d at 288 ).

2025“A facial challenge to the constitutionality of an act,” like the one defendant brings here, “is the most difficult challenge to mount successfully.” Id. (quoting Hart, 368 N.C. at 131 , 774 S.E.2d at 288 ).

2004What is within a parent's `ability' to pay or what is within the `means' of a parent to pay is a difficult standard which requires great flexibility in its application." In re Clark, 151 N.C.App. 286, 288-89 , 565 S.E.2d 245, 247 (2002).

2004What is within a parent's `ability' to pay or what is within the `means' of a parent to pay is a difficult standard which requires great flexibility in its application." In re Clark, 151 N.C.App. 286, 288-89 , 565 S.E.2d 245, 247 (2002).

2012“A facial challenge to a legislative [a]ct is, of course, the most difficult challenge to mount successfully.” State v. Thompson, 349 N.C. 483, 491 , 508 S.E.2d 277, 281 (1998) (citation and quotation marks omitted).

2012“A facial challenge to a legislative [a]ct is, of course, the most difficult challenge to mount successfully.” State v. Thompson, 349 N.C. 483, 491 , 508 S.E.2d 277, 281 (1998) (citation and quotation marks omitted).

2004Although " `[w]hat is within a parent's `ability' to pay or what is within the `means' of a parent to pay is a difficult standard which requires great flexibility in its application,' " the requirement of § 7B-1111(a)(3) " `applies irrespective of the parent's wealth or poverty.' " In re Montgomery, 311 N.C. 101, 113 , 316 S.E.2d 246, 254 (1984) (quoting In re Clark, 303 N.C. 592, 604 , 281 S.E.2d 47, 55 (1981)).

2004Although " `[w]hat is within a parent's `ability' to pay or what is within the `means' of a parent to pay is a difficult standard which requires great flexibility in its application,' " the requirement of § 7B-1111(a)(3) " `applies irrespective of the parent's wealth or poverty.' " In re Montgomery, 311 N.C. 101, 113 , 316 S.E.2d 246, 254 (1984) (quoting In re Clark, 303 N.C. 592, 604 , 281 S.E.2d 47, 55 (1981)).

2023“In addressing the facial validity of [a statute], our inquiry is guided by the rule that a facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully.” State v. Bryant, 359 N.C. 554, 564 , 614 S.E.2d 479, 485 (2005) (cleaned up) (quoting United States v. Salerno, 481 U.S. 739, 745 , 107 S. Ct. 2095, 2100 (1987)).

2023“In addressing the facial validity of [a statute], our inquiry is guided by the rule that a facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully.” State v. Bryant, 359 N.C. 554, 564 , 614 S.E.2d 479, 485 (2005) (cleaned up) (quoting United States v. Salerno, 481 U.S. 739, 745 , 107 S. Ct. 2095, 2100 (1987)).

2023MOORE Opinion of the Court 272, 841 S.E.2d 307 , 311 (2020) (quoting City of L.A. v. Patel, 576 U.S. 409, 415 (2015)). “[A] facial challenge to the constitutionality of an act . . . is the most difficult challenge to mount successfully.” Hart, 368 N.C. at 131 , 774 S.E.2d at 288 .

2019"A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid." United States v. Salerno , 481 U.S. 739 , 745, 107 S. Ct. 2095 , 2100, 95 L.Ed. 2d 697 , 707 (1987) ; see also Patel , 135 S. Ct. at 2449, 2451 , 192 L.Ed. 2d at 443, 446 (majority opinion) (applying the Salerno standard to a Fourth Amendment facial challenge).

2022App. 527, 539 , 571 S.E.2d 52, 61 (2002). ¶ 38 Facial challenges are “the most difficult challenge to mount” successfully.

2022App. 527, 539 , 571 S.E.2d 52, 61 (2002). ¶ 38 Facial challenges are “the most difficult challenge to mount” successfully.

2022Cf. Atkins, 284 N.C. at 318 (“What is forbidden by the First Amendment . . . is a determination of rights . . . on the basis of a judicial determination that one group of claimants has adhered faithfully to the fundamental faiths, doctrines and practices of the church . . . .”). ¶ 25 The most difficult claim to assess is Pastor Davis’s second claim for relief seeking a preliminary and permanent injunction requiring the Church to allow him 3 In concluding that Pastor Davis’s claim alleging that the Board misused funds must be dismissed, we do not imply that all disputes arising from the appropr

2022Cf. Atkins, 284 N.C. at 318 (“What is forbidden by the First Amendment . . . is a determination of rights . . . on the basis of a judicial determination that one group of claimants has adhered faithfully to the fundamental faiths, doctrines and practices of the church . . . .”). ¶ 25 The most difficult claim to assess is Pastor Davis’s second claim for relief seeking a preliminary and permanent injunction requiring the Church to allow him 3 In concluding that Pastor Davis’s claim alleging that the Board misused funds must be dismissed, we do not imply that all disputes arising from the appropr

2004Although " `[w]hat is within a parent's `ability' to pay or what is within the `means' of a parent to pay is a difficult standard which requires great flexibility in its application,' " the requirement of § 7B-1111(a)(3) " `applies irrespective of the parent's wealth or poverty.' " In re Montgomery, 311 N.C. 101, 113 , 316 S.E.2d 246, 254 (1984) (quoting In re Clark, 303 N.C. 592, 604 , 281 S.E.2d 47, 55 (1981)).

2004Although " `[w]hat is within a parent's `ability' to pay or what is within the `means' of a parent to pay is a difficult standard which requires great flexibility in its application,' " the requirement of § 7B-1111(a)(3) " `applies irrespective of the parent's wealth or poverty.' " In re Montgomery, 311 N.C. 101, 113 , 316 S.E.2d 246, 254 (1984) (quoting In re Clark, 303 N.C. 592, 604 , 281 S.E.2d 47, 55 (1981)).

2004"The parents' economic status is merely a factor used to determine their ability to pay such costs, but their ability to pay is the controlling characteristic of what is a reasonable amount for them to pay." In re Biggers, 50 N.C.App. 332, 339 , 274 S.E.2d 236, 240 (1981) (emphasis added).

2004"The parents' economic status is merely a factor used to determine their ability to pay such costs, but their ability to pay is the controlling characteristic of what is a reasonable amount for them to pay." In re Biggers, 50 N.C.App. 332, 339 , 274 S.E.2d 236, 240 (1981) (emphasis added).

2018This is not a difficult standard for plaintiffs to meet: “The complaint is construed liberally,” U.S. Bank Nat’l Ass’n v. Pinkney, 369 N.C. 723, 726 , 800 S.E.2d 412 , 415 (2017), “view[ing] the allegations as true and . . . in the light most favorable to the non-moving party,” id. at 726, 800 S.E.2d at 415 (alterations in original) (quoting Kirby v. NC DOT, 368 N.C. 847, 852 , 786 S.E.2d 919, 923 (2016)), and the claim is not dismissed “unless it appears beyond doubt that [the] plaintiff could prove no set of facts in support of his claim which 1Even if the misappropriation of trade secrets c

2018This is not a difficult standard **618 for plaintiffs to meet: "The complaint is construed liberally," U.S. Bank Nat'l Ass'n v. Pinkney , 369 N.C. 723 , 726, 800 S.E.2d 412 , 415 (2017), "view[ing] the allegations as true and ... in the light most favorable to the non-moving party," id. at 726, 800 S.E.2d at 415 (alterations in original) (quoting Kirby v. NC DOT , 368 N.C. 847 , 852, 786 S.E.2d 919 , 923 (2016) ), and the claim is not dismissed "unless it appears beyond doubt that [the] plaintiff could prove no set of facts in support of his claim which would entitle him to relief," Holloman v

2012App. _, _, 690 S.E.2d 41, 47 (2010).

2007"The presumption is that any act passed by the legislature is constitutional, and the court will not strike it down if [it] can be upheld on any reasonable ground." Ramsey v. Veterans Commission, 261 N.C. 645, 647 , 135 S.E.2d 659, 661 (1964).

2007"The presumption is that any act passed by the legislature is constitutional, and the court will not strike it down if [it] can be upheld on any reasonable ground." Ramsey v. Veterans Commission, 261 N.C. 645, 647 , 135 S.E.2d 659, 661 (1964).