RALEIGH — Duke Energy advanced a number of policy arguments claiming that a six-year statute of limitations was too short, including that the utility would incur “the substantial cost of continuously patrolling [its] easements, [resulting] in higher rates.” The appeals court said that assigning responsibility for those costs was a matter for the legislature rather than the courts to decide.
RALEIGH — In a recent decision, the state Court of Appeals ruled that a local regulation limiting the number of cars that can park legally on a residential lot is not a parking ordinance but a zoning ordinance. The case, which originated in Chapel Hill, could affect the property rights of property owners who rent space in single-family homes anywhere in the state.
RALEIGH — Republicans made historic gains in the North Carolina legislature during Tuesday’s midterm election, gaining control of both chambers of the General Assembly by comfortable margins for the first time since the 19th century.
RALEIGH — The N.C. Court of Appeals recently overturned a challenge to the residency of a Rocky Mount councilman, finding that the Edgecombe County Board of Elections violated both the official’s right to a fair and impartial hearing and the state’s Open Meetings Law in determining that Knight wasn’t an Edgecombe County resident.
RALEIGH — The state’s second-highest court has rejected an attempt by the Moore County town of Pinebluff to prevent a local Habitat for Humanity group from building a 75-home subdivision. The N.C. Court of Appeals held that the town had improperly found the development not to be in harmony with the surrounding area.
RALEIGH — One day after the Wake County Board of Education met to discuss a school reassignment proposal that would require more students to change schools for the 2008-2009 school year, the N.C. Court of Appeals heard arguments in a lawsuit that seeks to prevent the county from forcing families to convert to year-round schools.
RALEIGH — The state’s second highest court has held that a traffic stop based upon an officer’s mistaken belief that someone is speeding is unconstitutional and that evidence of other crimes obtained during the stop cannot be admitted as evidence at trial.
RALEIGH — The N.C. Court of Appeals has ruled that cellular telephone companies qualify as public utilities. The decision comes in a case involving a county’s attempt to prohibit the construction of a cell phone tower.
RALEIGH — Under North Carolina law, regulatory agencies can issue rules only to the degree they’ve been authorized to do so by the General Assembly. In a recent case in involving how many hours per day pharmacists can work, the state’s second highest court adopted a narrow interpretation of agency power to reject a proposed rule.
RALEIGH — The U.S. and N.C. constitutions divide church and state into different spheres. Government cannot legally establish a state religion or to become involved in church disputes. This doctrine was highlighted by a recent N.C. Court of Appeals ruling about a couple ejected from church membership after they sought financial records. “Membership in a church is a core eccelesiastical matter,” the court found, thus outside its jurisdiction. However, it did find jurisdiction over “property disputes” involving churches, such as the couple’s claim that the church had no bylaws so the method of their ejection was flawed.
