Legal Opinion

Gaston Board of Realtors, Inc. v. Harrison

Court of Appeals of North Carolina

Decided September 20, 1983No. 8227SC642PublishedCited by 3 opinions

1Opinion of the Court

*31PHILLIPS, Judge.

Defendant first contends the trial court should have dismissed the declaratory judgment action due to lack of a case or controversy between the parties. Whether an actual controversy exists must be determined on the facts of each case, but reported decisions do provide some guidelines. Declaratory judgment actions must focus on real and present problems; they must adjudicate the rights, status, or other legal relations of antagonistic litigants. Adams v. N.C. Dept. of N.E.R. and Everett v. N.C. Dept. of N.E.R., 295 N.C. 683, 249 S.E. 2d 402 (1978). Additionally, “it is…

2Cases cited10 opinions

  1. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  2. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  3. Adams v. North Carolina Department of Natural & Economic ResourcesSupreme Court of North Carolina · 1978
  4. Bulova Watch Co. v. Brand Distributors of North Wilkesboro, Inc.Supreme Court of North Carolina · 1974
  5. Gore v. George J. Ball, IncorporatedSupreme Court of North Carolina · 1971

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Evans v. CowanCourt of Appeals of North Carolina · 1996
  2. McAdoo v. University of North CarolinaCourt of Appeals of North Carolina · 2013
  3. Gaston Board of Realtors, Inc. v. HarrisonCourt of Appeals of North Carolina · 1983

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