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Farley said recent court ruling threatens Council of State

NC Labor Commissioner Luke Farley said he would file an amicus brief over the ruling a three-judge panel made last month that initially blocked the NC General Assembly’s plan to shift oversight of the NC State Board of Elections (NCSBE) to State Auditor Dave Boliek, calling it an "existential threat" to the future of the Council of State.

Theresa Opeka
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Voters pick Allen, Stroud, Stading to represent GOP in Nov judicial elections

Republican primary voters picked Trey Allen, Donna Stroud, and Michael Stading to represent the party on the November ballot in three key appellate court races — one to the N.C. Supreme Court and the other two for the N.C. Court of Appeals. The headliner matchup was a three-way contest between Trey Allen, Victoria Prince, and...

David N. Bass

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Court of Appeals shuts down NCDOT again in Map Act cases

The N.C. Court of Appeals released three separate rulings in Map Act cases, dealing another blow to the North Carolina Department of Transportation. On Tuesday, March 20, the Court of Appeals ruled in favor of landowners in NCDOT v. Stimpson, NCDOT v. Chapman, and NCDOT v. MDC Investments. Chief Judge Linda McGee wrote the opinions...

Lindsay Marchello
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Map Act victims wary of Cooper’s transportation pick

The lead attorney representing landowners in a landmark property rights case says North Carolina residents must know how Gov. Roy Cooper’s pick for transportation will handle compensation for the plaintiffs. Matthew Bryant of  Winston-Salem was key in instigating the Map Act lawsuit against the N.C. Department of Transportation decided last year in N.C. Supreme Court. He says Jim Trogdon, Cooper’s...

Barry Smith
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Court Rules In Negligence Case

RALEIGH — Can someone who has been involuntarily committed as being a danger to themselves be barred from recovering damages in a malpractice case because they were also negligent by provoking other patients at a mental hospital to assault them? The answer, according to a recent ruling by the state’s second highest court, is that contributory negligence does indeed apply.

Michael Lowrey
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Court Rules Phone Card Not Lottery

RALEIGH — What's a lottery? That’s the question the N.C. Court of Appeals addressed recently in a case involving inexpensive long-distance calling cards that also came with a scratch-and-win promotion. The court ruled that because the phone cards, though providing only for two minutes of calling time each, were competitive in the market, the promotion did not amount to an illegal lottery, as the state had contended.

Michael Lowrey
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Court Allows Fayetteville Annexation

RALEIGH — The N.C. Court of Appeals on Tuesday rejected as untimely challenges to a proposed large-scale annexation by Fayetteville. The ruling would allow the annexation to proceed unless the N.C. Supreme Court decides to hear the case. Battle lines were drawn Nov. 24, 2003 when Fayetteville adopted an annexation ordinance that would have added 28 square miles of land and more than 40,000 people to the city effective June 30, 2004. Under North Carolina law, property owners have 60 days after an annexation ordinance is adopted to challenge it in the courts.

Michael Lowrey