Court lacks jurisdiction to consider church constitution – N.C. Court of Appeals

By / September 15, 2016

Animaw Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church. Holy Trinity amended its constitution and bylaws. Soon after that, several church members sued for a declaratory judgment that several violations of the bylaws had occurred, including improperly conducting an election extending the terms of some council members, the adoption of the amendment, the transfer of …

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N.C. Court of Appeals Opinions for September 6, 2016

By / September 6, 2016

The North Carolina Court of Appeals released a batch of opinions today: Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church  (15-760) 1st Amendment – ecclesiastical matters; subject matter jurisdiction. MORE TO COME. Draughon v. Cobblestone HOA Of Clayton, Inc.  (15-1280) Implied in fact contract; benefits; estoppel; unjust enrichment Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assocs., LLC  …

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N.C. Supreme Court Opinions for August 19, 2016

By / August 20, 2016

The North Carolina Supreme Court released a few opinions yesterday: Duke Energy Carolinas, LLC v. Gray, (108PA14-2) (View COA Opinion). Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff’s action to enforce its easement rights against an alleged encroachment by defendant. [Yes] E. Carolina Reg’l Hous. Auth. v. Lofton, (32PA15) …

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N.C. Court of Appeals Opinions for August 16, 2016

By / August 16, 2016

The North Carolina Court of Appeals released a batch of opinions today: Burger v. Burger  (16-113). Alimony; equitable distribution Cape Hatteras Electric Membership Corp. v. Stevenson  (15-1102). Electric Cooperative; Interpretation of Bylaws; Intentional Interference with Contract Zetino-Cruz v. Benitez-Zetino  (15-1154). change of venue Dabbondanza v. Hansley  (16-117). Lien and Judgment Priority, Rule 70, Nunc Pro Tunc Orders, Chain of …

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Kim Dotcom loses at the Fourth Circuit – U.S. v. Finn Batato

By / August 16, 2016

This case has received significant press, so I won’t cover it here in the same format I usually do. Instead, I will excerpt some of the other coverage, the case and then add my own thoughts. From Politico: A divided federal appeals court has rejected a bid by accused video pirate Kim Dotcom to recover …

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No recourse for terminated N.C.S.U. employee who alleged boss’s misconduct – N.C. Court of Appeals

By / August 10, 2016

Hubbard v. N.C. State Univ. Hubbard worked for NCSU beginning in 2004. Near the end of 2013, she began reporting her supervisor for alleged misconduct. In April 2014, she was given a letter terminating her employment effective July 24, 2014. She sued claiming (1) violation of the North Carolina Whistleblower Act, (2) wrongful termination in …

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Clerk of Court’s denial of mass scanning of foreclosure records affirmed by Court of Appeals

By / August 9, 2016

Brooksby v. N.C. Administrative Office of the Courts. Plaintiffs contacted clerks’ offices in ninety North Carolina counties seeking  to copy and scan public foreclosure records using their own staff and equipment. They pulled foreclosure records, then scanned them using cell phones and portable cameras and scanners. In June 2013, the Randolph County Clerk’s Office denied …

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N.C. Court of Appeals Opinions for August 2, 2016

By / August 2, 2016

The North Carolina Court of Appeals released a batch of opinions today: Acts Ret.-Life Cmtys., Inc. v. Town of Columbus  (15-1333). Continuing wrong doctrine Adams v. State of NC  (15-1275). Pay schedule for North Carolina magistrates, N.C. Gen. Stat. § 7A-171.1; contractual relationship between State employees and the State; employee benefits and vested benefits; constitutional claims Brooksby …

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Fourth Circuit strikes down NC Voter ID law!

By / July 30, 2016

NCNAACP v. McCrory. This is not something I need to really bring to anyone’s attention, so here is some other coverage: Washington Post News & Observer New York Times Slate For background on this, you can’t beat OSU’s election law info center (with my con law prof).  

First Amendment protects nonpartisan government employees who campaign against their eventual boss – Fourth Circuit

By / July 20, 2016

Lawson v. Union Cty. Clerk of Court. The Fourth Circuit has confirmed that government employees with apolitical positions can campaign without fear of retaliation. The Clerk of Court of Union County, South Carolina, is an elected official. The Clerk, William Gault fired his deputy clerk, Melanie Lawson. Lawson had been a deputy clerk for about 20 …

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