Legal Opinion · Concurrence

Edwards v. Pitt County Health Director

Court of Appeals of North Carolina

Decided March 20, 2012No. COA11-754Published

1ConcurrenceBeasley, Judge

I agree with the majority’s reliance on Liebes v. Guilford Cnty. Dep’t of Pub. Health, _ N.C. App. _ 713 S.E.2d 546 (2011) to resolve this issue, but I believe that the majority’s interpretation of the country club exemption unduly narrows the force and effect of the statute.

“Where a statute contains two clauses which prescribe its applicability, and the clauses are connected by a disjunctive (e.g. “or”), the *461application of the statute is not limited to cases falling within both clauses, but will apply to cases falling within either of them.” Spruill v. Lake Phelps Vol. Fire Dep’t, Inc., 351…

2Cases cited3 opinions

  1. Spruill v. Lake Phelps Volunteer Fire Department, Inc.Supreme Court of North Carolina · 2000
  2. Town of Pine Knoll Shores v. EvansSupreme Court of North Carolina · 1992
  3. Liebes v. Dept. of Public HealthCourt of Appeals of North Carolina · 2011

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