Legal Opinion

Eury v. North Carolina Employment Security Commission

Court of Appeals of North Carolina

Decided August 2, 1994No. 9310SC935PublishedCited by 6 opinions

1Opinion of the Court

EAGLES, Judge.

Respondent-ESC brings forth several assignments of error. After careful review, we reverse the Superior Court’s 29 June 1993 order and remand to the Superior Court for remand to the Personnel Commission.

I. Standard of Review

The North Carolina Administrative Procedure Act, G.S. 150B-1 et seq., governs both trial and appellate court review of administrative agency decisions. G.S. 150B-51 governs the scope of the Superior Court’s review of final agency decisions. G.S. 150B-51(b) provides:. .. [T]he court reviewing a final decision may affirm the decision of the agency or remand the…

2Cases cited39 opinions

  1. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  2. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  3. Amanini v. N.C. Department of Human ResourcesCourt of Appeals of North Carolina · 1994
  4. North Carolina Department of Correction v. GibsonSupreme Court of North Carolina · 1983
  5. Little v. Penn Ventilator Co.Supreme Court of North Carolina · 1986

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3Cited by6 opinions

  1. Eury v. NC EMPLOYMENT SEC. COM'NCourt of Appeals of North Carolina · 1994
  2. Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1999
  3. N.C. Department of Correction v. McNeelyCourt of Appeals of North Carolina · 1999
  4. Sunbelt Rentals, Inc. v. Head & Engquist Equipment, L.L.C.North Carolina Business Court · 2003
  5. J.M. Parker & Sons, Inc. v. William Barber, Inc.Court of Appeals of North Carolina · 2010

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