A party to a review proceeding in a superior court may appeal to the appellate division from the final judgment of the superior court as provided in G.S. 7A-27. The scope of review to be applied by the appellate court under this section is the same as it is for other civil cases. In cases reviewed under G.S. 150B-51(c), the court's findings of fact shall be upheld if supported by substantial evidence. Pending the outcome of an appeal, an appealing party may apply to the court that issued the judgment under appeal for a stay of that judgment or a stay of the administrative decision that is the subject of the appeal, as appropriate. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 20; 2000-140, s. 94; 2000-190, s. 12.)
§§ 150B-53 through 150B-57. Reserved for future codification purposes.
Article 5.
Publication of Administrative Rules.
§§ 150B-58 through 150B-64: Repealed by Session Laws 1991, c. 418, s. 5.
Notes of Decisions
North Carolina Dep't of Env't & Nat. Resources v. Carroll, 599 S.E.2d 888 (N.C. 2004).
· cites it 3× “, it is subject to judicial review upon the petition of either the employee or the employing agency in the Superior Court of Wake County or the county where the petitioner resides, N.C.G.S. §§ 126-37(b2), 150B-43 (2003).”
Rittelmeyer v. Univ. of N. Carolina at Chapel Hill, 799 S.E.2d 378 (N.C. Ct. App. 2017).
· cites it 6× “The scope of review to be applied by the appellate court under this section is the same as it is for other civil cases. In cases reviewed under G.”
Luna v. Div. of Soc. Servs., 589 S.E.2d 917 (N.C. Ct. App. 2004).
· cites it 4× “In Amanini , this Court said that “our review of a trial court’s order under G.S.§ 150B-52 is the same as in any other civil case — consideration of whether the court committed any error of law.”
Brooks v. Ansco & Assocs., Inc., 443 S.E.2d 89 (N.C. Ct. App. 1994).
· cites it 6× “JOHN, Judge, concurring in the result. I respectfully disagree with the majority's assertion that the standard of this Court's review is governed by application of N.”
Lisa Lincoln v. North Carolina Dept. of Hhs, 616 S.E.2d 622 (N.C. Ct. App. 2005).
· cites it 8× “Neither party has briefed the appropriate standard of review this Court should apply when reviewing an order of the superior court, sitting in appellate capacity, that reviewed a final decision of an administrative law judge issued pursuant to N.”
Eury v. Nc Emp. Sec. Com'n, 446 S.E.2d 383 (N.C. Ct. App. 1994).
· cites it 5× “" N.C.G.S. § 150B-52. .... ... [O]ur review of a trial court's order under G.”
Hilliard v. North Carolina Dep't of Corr., 620 S.E.2d 14 (N.C. Ct. App. 2005).
· cites it 2× “Hilliard argues that the trial court erred in affirming OAH’s order granting summary judgment because there were insufficient findings of fact justifying summary judgment and contested issues of fact.”
Henderson v. North Carolina Dep't of Human Resources, Div. of Soc. Servs., 372 S.E.2d 887 (N.C. Ct. App. 1988).
· cites it 2× “When an appellate court reviews the decision of a lower court, however (as opposed to when it reviews an administrative agency’s decision on direct appeal), the scope of review to be applied by the appellate court under Section 150B-52 of the APA is the same as it is for other…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.