NC Court of Appeals

NC Court of Appeals

Law and the Courts News Policy Watch Investigates Top Story

State appeals court rules DHHS can be held liable for both lax and overzealous adult care home oversight

The owner of a McDowell County adult care home recently won an appeals court case against the state in which he argued that over-zealous inspectors reached conclusions that were so off-base they amounted to negligence. Because of the ruling, the owner can claim damages.  The three-judge appeals court panel split 2-1 in favor of owner Fred Leonard, who wants compensation for losses connected to sanctions against Cedarbrook Residential Center.

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Environment Top Story

Court of Appeals rules NC lawmakers were within their authority to all but outlaw hog nuisance lawsuits

A three-judge panel from the state Court of Appeals unanimously ruled against an environmental justice group today, deciding that North Carolina legislature had the authority to make it difficult, if not impossible, for people to sue hog farms for nuisance.

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Environment News Top Story

State Court of Appeals hears arguments in challenge to legislature’s limits on hog nuisance lawsuits

Eastern NC residents say industry-initiated prohibitions in 2017 and 2018 Farm Acts are unconstitutional On Wednesday afternoon, a 90-minute court hearing boiled down to an essential question: Do the Farm Acts of 2017 and 2018 — still controversial years after their enactment — provide a “right without a remedy”?

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Law and the Courts News Top Story

NC Court of Appeals issues controversial rulings on involuntary commitment process

Why would public defenders representing patients want a requirement that prosecutors be present? Each year, Bob Ward, an assistant public defender in Mecklenburg County, helps more than 1,000 patients with mental illness navigate a process in which a doctor asks the state for permission to force them to receive treatment.

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COVID-19 Law and the Courts News Top Story

NC courts expand in-person proceedings, but online options may not be going anywhere

As with many other public and private institutions, the North Carolina court system is slowly but surely reopening to more in-person proceedings as COVID-19 infection and death rates continue to trend downward. It could, however, be a very long time before things return to "normal." Indeed, if recently introduced legislation and the assessments of some experts end up holding sway, online proceedings could become a permanent part of state judicial proceedings.

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Law and the Courts News

Election 2020: GOP judicial candidates appear to pull off clean sweep

At the end of long night of close contests, Republican candidates appeared on the verge of pulling off a somewhat surprising clean sweep of statewide races for the Supreme Court and Court of Appeals. With an unknown number of mail-in ballots yet to be counted, however, at least one (and possibly others) appear to remain too close to call.

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Defending Democracy Law and the Courts Top Story

PW exclusive: Incumbent Reuben Young, challenger Jeff Carpenter vie for Court of Appeals seat

As part of our ongoing effort to inform North Carolinians about the state judiciary, Policy Watch is publishing a series of Q&A’s with the candidates seeking statewide judicial office this fall. Each of the 16 candidates (six who are contesting three Supreme Court seats and ten who are contesting five seats on the Court of Appeals) was asked the same seven questions by former PW Courts, Law and Democracy Reporter Melissa Boughton.

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Defending Democracy Law and the Courts Top Story

PW exclusive: Candidates Tricia Shields and April Wood seek open Court of Appeals seat

As part of our ongoing effort to inform North Carolinians about the state judiciary, Policy Watch is publishing a series of Q&A’s with the candidates seeking statewide judicial office this fall. Each of the 16 candidates (six who are contesting three Supreme Court seats and ten who are contesting five seats on the Court of Appeals) was asked the same seven questions by former PW Courts, Law and Democracy Reporter Melissa Boughton. Candidates were not given instructions about the length of their responses, which have been edited only for grammar.

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Environment Top Story

Where to put NC’s coal ash? Court of Appeals asked to rule on legality of high-profile option

It has been nearly four years since Feb. 2, 2014, when 39,000 tons of coal ash and 27 million gallons of contaminated water spilled from a failed impoundment at Duke Energy’s Dan River plant in Eden. And on Wednesday — Day 1,453 since the disaster that forever changed the state’s environmental landscape — a flight of lawyers appeared before a three-judge panel of the North Carolina Court of Appeals.

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