Legal Opinion

Baxter v. Poe

Court of Appeals of North Carolina

Decided July 31, 1979No. 7826SC204PublishedCited by 15 opinions

1Opinion of the Court

PARKER, Judge.

The scope of the Superior Court’s review of the Board’s decision in this case and the power of that court in disposing of the case were governed by former G.S. 143-315 (now G.S. 150A-51), which was in effect at the time of the Board hearings in this matter. That statute provided:

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:(1) In violation of…

2Cases cited4 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  3. Underwood v. State Board of Alcoholic ControlSupreme Court of North Carolina · 1971
  4. Thompson v. Wake County Board of EducationCourt of Appeals of North Carolina · 1976

3Cited by15 opinions

  1. Crump v. BD. OF ED. OF HICKORY AD. SUSupreme Court of North Carolina · 1990
  2. Clarke v. West Virginia Board of RegentsWest Virginia Supreme Court · 1981
  3. Crump v. Board of EducationCourt of Appeals of North Carolina · 1986
  4. Crump v. Board of EducationCourt of Appeals of North Carolina · 1989
  5. Smith v. Richmond County Board of EducationCourt of Appeals of North Carolina · 2002

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