Legal Opinion

Shepherd v. Consolidated Judicial Retirement System

Court of Appeals of North Carolina

Decided April 5, 1988No. 8710SC999PublishedCited by 9 opinions

1Opinion of the Court

HEDRICK, Chief Judge.

On appeal to this Court petitioner contends the superior court erred by not making findings of fact and conclusions of law in its judgment of 1 May 1987.

G.S. 150B-17 states that a “declaratory ruling is subject to judicial review in the same manner as an order in a contested case.” Under G.S. 150A-51 the reviewing court was required to set out written reasons only when reversing or modifying an agency decision. The Administrative Procedure Act, formerly Chapter 150A of the North Carolina General Statutes, was recodi-fied as Chapter 150B effective 1 January 1986. G.S.…

2Cases cited3 opinions

  1. Markham v. SwailsCourt of Appeals of North Carolina · 1976
  2. Area Mental Health, Mental Retardation & Substance Abuse Authority v. SpeedCourt of Appeals of North Carolina · 1984
  3. House of Raeford Farms, Inc. v. BrooksCourt of Appeals of North Carolina · 1983

3Cited by9 opinions

  1. Sutton v. North Carolina Department of LaborCourt of Appeals of North Carolina · 1999
  2. Avant v. Sandhills Center for Mental Health, Developmental Disabilities & Substance Abuse ServicesCourt of Appeals of North Carolina · 1999
  3. Brunson v. TatumCourt of Appeals of North Carolina · 2009
  4. Ragland v. Nash-Rocky Mount Bd. Of Educ.Court of Appeals of North Carolina · 2016
  5. Marsico v. New Hanover Cnty. Bd. of Educ.Court of Appeals of North Carolina · 2015

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