Legal Opinion · Dissent

Sandhill Amusements, Inc. v. Sheriff of Onslow County

Court of Appeals of North Carolina

Decided September 5, 2014No. COA14-85Published

1DissentErvin, Judge

Although I agree with my colleagues concerning the proper resolution of Defendant’s challenge to the denial of his motion to dismiss based upon governmental immunity and justiciabiity grounds, I am unable to agree with their determination that a portion of Defendant’s appeal from the issuance of the preliminary injunction did not affect a substantial right and is not subject to immediate appellate review in its entirety. In addition, after evaluating the validity of Defendant’s challenge to the preliminary injunction on the merits, I believe that the trial court erred by issuing the…

2Cases cited19 opinions

  1. Goldston v. American Motors Corp.Supreme Court of North Carolina · 1990
  2. Waters v. Qualified Personnel, Inc.Supreme Court of North Carolina · 1978
  3. Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
  4. Sharpe v. WorlandSupreme Court of North Carolina · 1999
  5. A.E.P. Industries, Inc. v. McClureSupreme Court of North Carolina · 1983

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