Legal Opinion · Dissent

In Re the Appeal of the Maharishi Spiritual Center of America

Court of Appeals of North Carolina

Decided August 20, 2002No. COA01-644Published

1DissentTyson, Judge

The majority did not properly apply the standards for judicial review of decisions of the North Carolina Property Tax Commission (“Commission”) and has ignored the burden imposed on the taxpayer by N.C. Gen. Stat. § 105-282.1. Accordingly, I respectfully dissent.

*284The Spiritual Center contends and the majority finds that the Commission’s findings and conclusions are unsupported by competent, material and substantial evidence. This standard of review is known as the “whole record” test. N.C. Gen. Stat. § 105-345.2(5) (2001). The whole record test is not “a tool of judicial intrusion.” Rainbow…

2Cases cited13 opinions

  1. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  2. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  3. In Matter of RogersSupreme Court of North Carolina · 1979
  4. State v. LeeSupreme Court of North Carolina · 1970
  5. Harrison v. . Guilford CountySupreme Court of North Carolina · 1940

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API