Legal Opinion · Concurring in part, dissenting in part
Hogan v. City of Winston-Salem
Court of Appeals of North Carolina
Decided February 6, 1996No. COA95-305Published
1Concurring in part, dissenting in part
Judge Walker
concurring in part and dissenting in part.
I respectfully dissent from the majority’s opinion affirming the trial court’s granting of plaintiffs’ motion for summary judgment as to plaintiffs’ seventh cause of action and declaring that the 20 August *4231990 Amendment of Chapter 15, Article II, of the Retirement Code of the Code of the City of Winston-Salem was unconstitutional.
The question of whether an act unconstitutionally impairs the right to contract and violates the United States Contract Clause is one courts must resolve on a case by case basis. Bailey v. State of North…
2Cases cited7 opinions
- Baltimore Teachers Union v. Mayor of BaltimoreSupreme Court of the United States · 1994
- East New York Savings Bank v. HahnSupreme Court of the United States · 1945
- Baltimore Teachers Union, American Federation of Teachers Local 340, Afl-Cio the City Union of Baltimore, American Federation of Teachers, Local 800, Afl-Cio v. Mayor and City Council of Baltimore Kurt L. Schmoke, Individually and in His Capacity as Mayor and Member of the Board of Estimates of Baltimore City Mary Pat Clarke, Individually and in Her Capacity as President of the Baltimore City Council and Member of the Board of Estimates of Baltimore City Jacqueline F. McClean Individually and in Her Capacity as Comptroller and Member of the Board of Estimates of Baltimore City Neal Janey, in His Capacity as Member of the Board of Estimates of Baltimore City George F. Balog, Individually and in His Capacity as Member of the Board of Estimates of Baltimore City Board of Estimates of Baltimore City, in Re State of Maryland v. Baltimore Teachers Union, American Federation of Teachers Local 340, Afl-Cio the City Union of Baltimore, American Federation of Teachers, Local 800, Afl-Cio v. Mayor and City Council of Baltimore Kurt L. Schmoke, Individually and in His Capacity as Mayor and Member of the Board of Estimates of Baltimore City Mary Pat Clarke, Individually and in Her Capacity as President of the Baltimore City Council and Member of the Board of Estimates of Baltimore City Jacqueline F. McClean Individually and in Her Capacity as Comptroller and Member of the Board of Estimates of Baltimore City Neal Janey, in His Capacity as Member of the Board of Estimates of Baltimore City George F. Balog, Individually and in His Capacity as Member of the Board of Estimates of Baltimore City Board of Estimates of Baltimore City, Baltimore City Lodge Number 3 Fraternal Order of Police v. Mayor and City Council of BaltimoreCourt of Appeals for the Fourth Circuit · 1993
- Maryland State Teachers Ass'n v. HughesDistrict Court, D. Maryland · 1984
- Bailey v. StateSupreme Court of North Carolina · 1991
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