Bennett v. Hertford County Board of Education

Chief Judge VAUGHN

dissenting.

In compliance with Rule 16, North Carolina Rules of Appellate Procedure 2d, Walker Grading and Hauling v. S.R.F. Management Corp., 311 N.C. 170 (1984), reversing the decision in the same case reported in 66 N.C. App. 170, 310 S.E. 2d 615 (1984), I state the issue upon which there is a division in this court. It is whether the trial judge erred when he reversed the Board of Education.

Among the several reasons why I consider the decision to be in error is that, in my judgment, the trial judge failed to give appropriate consideration to the evidence that supports the…