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Court says NC Utilities Commission can regulate Bald Head Island parking, not barge

The North Carolina Court of Appeals has upheld the state Utilities Commission’s decision to regulate a mainland parking lot tied to the Bald Head Island ferry. But appellate judges have rejected the commission’s regulation of a related barge operation that transports goods to the island.

CJ Staff
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Appeals Court upholds conviction, rejects defendant’s marijuana odor argument

The North Carolina Court of Appeals has upheld a defendant’s firearm and habitual felon convictions in a Mecklenburg County case after rejecting arguments linked to the similar odor of marijuana and legal hemp.

CJ Staff
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Appeals Court allows private lake owners to pursue suit against Fayetteville

The North Carolina Court of Appeals will allow owners of private lakes and dams lost to Hurricane Matthew in 2016 to proceed with a lawsuit against Fayetteville. The property owners blame the city for discharging stormwater into their dried-up lakebeds.

CJ Staff
News

Appeals Court upholds Utilities Commission’s decision in rooftop solar dispute

The North Carolina Court of Appeals has upheld the state Utilities Commission’s decision to change the way utility companies credit customers who generate energy with rooftop solar panels. Tuesday’s unanimous decision rejected arguments from environmental groups who had challenged the change to “net metering.”

CJ Staff

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Appeals Court CON rulings block new RTP hospital, revive prospects for Buncombe ER

The North Carolina Court of Appeals has created a new roadblock for UNC Health’s plans to build a 40-bed hospital in Research Triangle Park. In a separate ruling, the court has revived the possibility of a new Mission Health emergency department in Buncombe County.

CJ Staff
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Appeals Court orders recalculation of damages in two Map Act disputes

The North Carolina Court of Appeals is ordering a trial judge to revisit the amount of money the state Department of Transportation must pay to resolve two Map Act disputes in Wake County. While that could mean less money for plaintiffs than the trial court had ordered, appellate judges rejected DOT’s argument that Map Act restrictions should be treated as “indefinite” rather then “temporary.”

CJ Staff
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Map Act disputes from Wake County could have major impact for taxpayers, property owners

The North Carolina Court of Appeals wrestled Wednesday with two Map Act cases from Wake County that could have significant impacts for both property owners and state taxpayers. Plaintiffs in the cases argued during an hourlong hearing that the state Department of Transportation seeks a Map Act “discount.” The department responded that the plaintiffs would force taxpayers to pay sums “many multiples higher” than awards offered in hundreds of other Map Act cases.

CJ Staff
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Appeals Court overturns UNC gun possession conviction

The North Carolina Court of Appeals has thrown out the conviction of a homeless man who kept guns in his car while seeking kidney treatment at UNC Hospitals in 2021. Appellate judges agreed the state law used to convict Joseph John Radomski III unconstitutionally restricted his Second Amendment rights.

CJ Staff
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Split Appeals Court rules racial epithet should not have cost state worker her job

The state Court of Appeals split, 2-1, in deciding that a career state employee should not have lost her job after uttering a single racial epithet to a supervisor in 2017. The decision issued Tuesday means the Currituck County Department of Social Services must restore Judith Ayers’ job, award her back pay, and cover attorneys’ fees for the seven-year legal battle. The case has included three trips to the state’s second-highest court.

CJ Staff
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Democrats back Riggs, Republicans drop Murphy in statewide judicial primaries

Voters set the table Tuesday night for this year’s four statewide judicial races. The two primary elections for North Carolina's two highest courts produced the first electoral win for an appointed incumbent and a loss for another incumbent seeking re-election.

CJ Staff