Legal Opinion

North Carolina Real Estate Licensing Board v. Aikens

Court of Appeals of North Carolina

Decided October 6, 1976No. 7621SC310PublishedCited by 15 opinions

1Opinion of the Court

CLARK, Judge.

In its complaint plaintiff Board alleges that it seeks in-junctive relief under G.S. 150-31. This statute was repealed by Session Laws 1973, c. 1331, s. 1, originally effective 1 July 1975, but extended to 1 February 1976 by Session Laws 1975, c. 69, s. 4. However, the repealing act excepted pending hearings. Session Laws 1973, c. 1331, s. 4. This action was instituted on 1 December 1975. We note that the new Administrative Procedure Act, enacted in part to replace former G.S. Chapt. 150, contains no authorty for injunctive relief applicable to the plaintiff Board and other…

2Cases cited10 opinions

  1. State v. BallanceSupreme Court of North Carolina · 1949
  2. State v. . BallanceSupreme Court of North Carolina · 1949
  3. State v. . HarrisSupreme Court of North Carolina · 1940
  4. State v. WarrenSupreme Court of North Carolina · 1960
  5. Roller v. AllenSupreme Court of North Carolina · 1957

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3Cited by15 opinions

  1. Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
  2. Sheaffer v. County of ChathamDistrict Court, M.D. North Carolina · 2004
  3. United Home Rentals, Inc., Michael A. Livingston and W. Eugene Bushman v. Texas Real Estate Commission and the State of TexasCourt of Appeals for the Fifth Circuit · 1983
  4. Treants Enterprises, Inc. v. Onslow CountyCourt of Appeals of North Carolina · 1986
  5. Sanders v. State Personnel CommissionCourt of Appeals of North Carolina · 2009

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