Gummels v. North Carolina Department of Human Resources

WELLS, Judge.

We first note that in their cross-appeal respondents have asserted that the Superior Court of Cherokee County lacked subject matter jurisdiction to hear petitioner’s appeal from the decision of the ALJ, contending that under the facts of the case, such an appeal was required to be filed in the Superior Court of Wake County. Without deciding the issue raised by respondents’ cross-appeal, we assume for the purposes of our review that appeal of the ALJ’s decision to the Superior Court of Cherokee County was proper in this case.

Petitioner argues that the trial court erred by…