Legal Opinion

Jamison v. Kyles

Supreme Court of North Carolina

Decided November 8, 1967No. 284PublishedCited by 7 opinions

1Opinion of the CourtBranch, J.

At the threshold of this appeal we are confronted with the question of whether the judge of superior court exceeded his certiorari powers of review in making findings of fact at variance with those found by the Board of Adjustment.

G.S. 143-315 provides:

“The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: ... (5) Unsupported by competent, material, and substantial…

2Cases cited5 opinions

  1. In Re Appeal of O'NealSupreme Court of North Carolina · 1956
  2. In Re Pine Hill Cemeteries, Inc.Supreme Court of North Carolina · 1941
  3. In Re the Appeal of HastingSupreme Court of North Carolina · 1960
  4. Little v. Board of AdjustmentSupreme Court of North Carolina · 1928
  5. Freeman v. Board of Alcoholic ControlSupreme Court of North Carolina · 1965

3Cited by7 opinions

  1. Hart Book Stores, Inc. v. EdmistenCourt of Appeals for the Fourth Circuit · 1979
  2. Batch v. Town of Chapel HillSupreme Court of North Carolina · 1990
  3. Keller v. City of BellinghamCourt of Appeals of Washington · 1978
  4. Hart Book Stores, Inc. Raleigh Books, Inc. Tri-State News, Inc. Ronald Mothershead, D/B/A R. And M. Adult Book Store Jesse F. Frye, Jr., D/B/A L. & J. News Stand Larry Gene Moore, D/B/A E. & M. Enterprises Thomas Page, D/B/A Player's Book Store Joseph Raymond Mc Broom, D/B/A M Distributors Camera's Eye, Inc., a North Carolina Corporation v. Rufus Edmisten, Attorney General of North Carolina Randolph Riley, Districtattorney for 10th Judicial District E. Raymond Alexander, District Attorneyfor 18th Judicial District Donald K. Tisdale, District Attorney for 21stjudicial Districtdonald Jacobs, District Attorney for 8th Judicial District Dan K. Edwards,district Attorney for 14th Judicial District H. W. Zimmerman, Districtattorney for 22nd Judicial District Donald Greene, District Attorney for 25thjudicial Districtjames C. Roberts, District Attorney for 19th Judicial District, W. A. Allen,sheriff, Durham County, North Carolina T. B. Seagroves, Chief of Police, Cityof Durham, North Carolina the State of North Carolina William H. Andrews,district Attorneyfor 4th Judicial District William Allen Cobb, District Attorney for 5thjudicial District Edward W. Grannis, Jr., District Attorney for 12th Judicialdistrict Wade Barber, Jr., District Attorney for 15(b) Judicial District C.D. Knight, Sheriff,orange County, North Carolina Herman Stone, Chief of Police, City of Chapelhill, North Carolina, U. T. Incorporated, a Georgia Corporation, D/B/A Camera's Eye Bookstore Andmind's Eye, Inc., a North Carolina Corporation, D/B/A as Mind's Eye Andimperial Book Store v. Rufus Edmisten, Attorney General of the State of North Carolina Joseph Brown, District Attorney of the Twenty-Seventh Judicial District and Individually C.C. Elmore, Chief of Police of City of Gastonia and Individually Petergilchrist,district Attorney for the Twenty-Sixth Judicial District and Individuallydonald Greene, District Attorney for the Twenty-Fifth Judicial District AndindividuallyCourt of Appeals for the Fourth Circuit · 1979
  5. State v. MarshallSupreme Court of North Carolina · 1981

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