Legal Opinion · Dissent

County of Carteret v. Long

Court of Appeals of North Carolina

Decided February 3, 1998No. COA97-39Published

1Dissent

Judge Greene

dissenting.

The majority correctly notes the well-established principle of statutory construction that when a statute is clear and unambiguous, “ ‘there is no room for judicial construction,’ and the statute must be given effect in accordance with its plain and definite meaning.” Avco Financial Services v. Isbell, 67 N.C. App. 341, 343, 312 S.E.2d 707, 708 (1984) (quoting Williams v. Williams, 299 N.C. 174, 180, 261 S.E.2d 849, 854 (1980)). Unlike the majority, however, I believe that the statutory provisions relevant to this case are unambiguous. The Machinery Act’s priority rules…

2Cases cited5 opinions

  1. Williams v. WilliamsSupreme Court of North Carolina · 1980
  2. Avco Financial Services v. IsbellCourt of Appeals of North Carolina · 1984
  3. County of Lenoir v. MooreCourt of Appeals of North Carolina · 1994
  4. County of Lenoir City v. MooreSupreme Court of North Carolina · 1995
  5. Elliot v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1994

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