Legal Opinion
State ex rel. Utilities Commission v. Tar Heel Industries, Inc.
Court of Appeals of North Carolina
Decided October 1, 1985No. 8410UC1360PublishedCited by 3 opinions
1Opinion of the Court
WHICHARD, Judge.
Review of a Utilities Commission decision is governed by N.C. Gen. Stat. 62-94. The decision is “prima facie just and reasonable.” N.C. Gen. Stat. 62-94(e). The reviewing court may reverse or modify only if
substantial rights of the appellants have been prejudiced because the Commission’s findings, inferences, conclusions or decisions are:(1) In violation of constitutional provisions, or(2) In excess of statutory authority or jurisdiction of the
Commission, or(3) Made upon unlawful proceedings, or(4) Affected by other errors of law, or(5) Unsupported by competent, material and…
2Cases cited2 opinions
- State Ex Rel. Utilities Commission v. Bird Oil Co.Supreme Court of North Carolina · 1981
- Jackson v. StancilSupreme Court of North Carolina · 1960
3Cited by3 opinions
- Tar Heel Industries, Inc. v. E. I. duPont De Nemours & Co.Court of Appeals of North Carolina · 1988
- In re the Motor Carrier Applications of Janco, Inc.South Dakota Supreme Court · 1992
- In Re the Motor Carrier Application of HarmsSouth Dakota Supreme Court · 1992