Legal Opinion · Concurrence

Baxter v. DANNY NICHOLSON, INC.

Supreme Court of North Carolina

Decided March 12, 2010No. 351PA08Published

1ConcurrenceJustice Brady

I agree with the ultimate holding of the majority opinion, but write further to clarify important constitutional principles and to emphasize the importance of the continuity in government that is essential for a stable and ordered society. I begin with an analysis of the relevant constitutional provisions because the “North Carolina Constitution expresses the will of the people of this State and is, therefore, the supreme law of the land.” In re Martin, 295 N.C. 291, 299, 245 S.E.2d 766, 771 (1978) (citation omitted).3

*838The North Carolina Constitution distinguishes between elected and appointed…

2Cases cited9 opinions

  1. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
  2. C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
  3. Baker v. MartinSupreme Court of North Carolina · 1991
  4. Hanks v. Southern Public Utilities Co.Supreme Court of North Carolina · 1936
  5. Elliott v. State Board of EqualizationSupreme Court of North Carolina · 1932

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