280 results for 'court:"North Carolina Court of Appeals"'.
J. Zachary finds that the trial court properly declined to suppress evidence discovered in defendant's vehicle based on a tip that a handgun had been observed in plain view of a Dodge Charger parked near various nightclubs because the fact that industrial hemp has been legalized did not diminish the significance of the contention that police detected the odor of marijuana while approaching the vehicle. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 16, 2024, Case #: COA23-568, Categories: Drug Offender, Firearms, Search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Stroud finds that the trial court improperly ruled for the homeowners' association in this dispute over fines assessed for chickens certain homeowners kept on their lot because the court misinterpreted language in the community covenant to exclude chickens as household pets. Reversed.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: April 16, 2024, Case #: COA22-919, Categories: Property, Contract
J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: Civil Procedure, Property, Zoning
J. Flood finds that defendant was improperly sentenced for both first-degree kidnapping and sexual offense charges following his conviction for rape of a person 15 years of age or younger because the jury had been instructed that defendant could only be convicted of the kidnapping charge based on sexual offense charges for which he was also convicted, which violated double jeopardy. However, the court properly declined to suppress evidence obtained under warrants in light of probable cause that included the victim's claims that defendant kidnapped her from her parent's home and raped her at his own residence. Meanwhile, the affidavit listed items to be seized, including electronics, which the affidavit linked to the illegal activity. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: April 2, 2024, Case #: COA23-832, Categories: Search, Sex Offender, Kidnapping
J. Thompson finds that the trial court properly dismissed breach of contract and negligent misrepresentation claims brought after students were expelled from a private school because enrollment contracts granted the school discretion to terminate enrollment. Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-252, Categories: Education, Contract
J. Zachary finds that the trial court properly denied a law firm's motion to compel arbitration in breach of contract claims related to a shareholder agreement because claims brought under the properties and class action agreements were not bound by the arbitration agreement. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 2, 2024, Case #: COA23-710, Categories: Arbitration, Contract
J. Thompson finds that the trial court properly ruled for the state cemetery commission in takings claims brought against Smoky Mountain Memorial Parks, Inc., and other defendants because the land had been designated for use as a cemetery. As the commission points out, cemeteries include both plotted sites being used as graves and unplotted portions of land that are "to be used" as such, even if "there are not yet bodies in the ground." Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-761, Categories: Property
J. Arrowood finds that the trial court properly convicted defendant for possession of methamphetamine. Even if the officer's initial search of defendant and seizure of a pill bottle violated defendant's constitutional rights, the methamphetamine found in his boot was still admissible because its discovery was inevitable. Defendant still would have been arrested for driving with a revoked license and subsequently searched.
Court: North Carolina Court of Appeals, Judge: Arrowood, Filed On: March 20, 2024, Case #: COA23-727, Categories: Drug Offender, Search
J. Zachary finds that the Property Tax Commission properly denied the home community's application for tax exemption as a nonprofit providing low income housing. The nonprofit only owns the land on which the manufactured homes are sitting and this does not qualify it for the exemption. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: March 19, 2024, Case #: COA23-728, Categories: Government, Property, Tax
J. Dillon finds that the trial court properly ruled in favor of the county in the NCAAP's complaint over the county's refusal to remove a Confederate statue from in front of the courthouse. The county leaders lack the authority under the Monument Protection Law to remove the statue. Affirmed.
Court: North Carolina Court of Appeals, Judge: Dillon, Filed On: March 19, 2024, Case #: COA23-262, Categories: Constitution, Government
J. Stading finds that the trial court ruled improperly in favor of the county in this complaint brought against it alleging misuse of funds generated from tourism in the Outer Banks. There is sufficient evidence the board of commissioners used the monies for purposes other than those outlined in the governing amendment. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Stading, Filed On: March 19, 2024, Case #: COA22-699, Categories: Government, Municipal Law