Godfrey v. Union County Board of Commissioners

WELLS, Judge.

By its three assignments of error and two arguments, defendant challenges Judge Kivett’s finding of fact number five and his single conclusion of law.

While we perceive that Judge Kivett’s finding of fact number five may be more in the nature of a conclusion, we need not dwell on that aspect of his order. There is no dispute as to the underlying evidence in this case or the facts established by that evidence. The only controversy involves the legal significance of the evidence and the facts. See, e.g., Lathan v. Board of Commissioners, 47 N.C. App. 357, 267 S.E. 2d 30, disc. rev.…