Legal Opinion

In Re the Appeal of Land & Mineral Co.

Court of Appeals of North Carolina

Decided December 2, 1980No. 8024SC427PublishedCited by 6 opinions

1Opinion of the Court

MORRIS, Chief Judge.

In this case we are asked to determine whether the Superior Court correctly determined that the evidence presented to the State Board did not support its conclusions.

Here, we must review the actions of a State administrative agency, and of the Superior Court which determined that the agency’s conclusions were in error. When reviewing an order of a State agency such as the State Board, theSuperior Court may not make findings contrary to the State Board’s when the findings of the State Board are supported by “competent, material, and substantial evidence”. In re Appeal of…

2Cases cited5 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  3. In Re the Appeal of AMP Inc.Supreme Court of North Carolina · 1975
  4. Albemarle Electric Membership Corp. v. AlexanderSupreme Court of North Carolina · 1972
  5. Underwood v. State Board of Alcoholic ControlSupreme Court of North Carolina · 1971

3Cited by6 opinions

  1. In Re the Appeal of Perry-Griffin FoundationCourt of Appeals of North Carolina · 1993
  2. In Re Appeal of the Forsyth County Tax Supervisor Regarding Certain Property Owned by Wake Forest UniversityCourt of Appeals of North Carolina · 1981
  3. In Re Appeal of Weaver Investment Co.Court of Appeals of North Carolina · 2004
  4. In Re Appeal of OdomCourt of Appeals of North Carolina · 1982
  5. In re Appeal of McLambCourt of Appeals of North Carolina · 2012

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