Legal Opinion

Gilreath v. Cumberland Cnty. Bd. of Educ.

Court of Appeals of North Carolina

Decided April 18, 2017No. COA16-927PublishedCited by 4 opinions

1Opinion of the Court

DAVIS, Judge.

Joseph Gilreath ("Plaintiff") appeals from the trial court's 25 February 2016 order granting the motion to dismiss of Cumberland County Board of Education (the "Board"), Dr. Franklin Till, Jr., and Tonjai Robertson and denying his motion to amend his pleadings. After careful review, we affirm in part, reverse in part, and remand.

Factual and Procedural Background

We have summarized the pertinent facts below using Plaintiff's own statements from his amended complaint, which we treat as true in reviewing the trial court's order granting a motion to dismiss. Feltman v. City of Wilson…

2Cases cited28 opinions

  1. Zinermon v. BurchSupreme Court of the United States · 1990
  2. Engquist v. Oregon Department of AgricultureSupreme Court of the United States · 2008
  3. Craig Ex Rel. Craig v. New Hanover County Board of EducationSupreme Court of North Carolina · 2009
  4. Good Hope Hospital, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2005
  5. Embree Construction Group, Inc. v. Rafcor, Inc.Supreme Court of North Carolina · 1992

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3Cited by4 opinions

  1. Osborne v. Yadkin Valley Econ. Dev. Dist. Inc.Court of Appeals of North Carolina · 2021
  2. Osborne v. Yadkin Valley Econ. Dev. Dist. Inc.Court of Appeals of North Carolina · 2021
  3. PATTERSON v. CITY OF GRAHAMDistrict Court, M.D. North Carolina · 2025
  4. Wheeler v. Cent. Carolina Scholastic Sports, Inc.Supreme Court of North Carolina · 2017

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