Wetherington v. N.C. Department of Public Safety, N.C. Highway Patrol (135P20). Listed under “other matters,” the Court dissolved the respondent’s previously granted motion for temporary stay and denied both its PDR and motion for writ of supersedeas, as well as an amicus request. You can read the Court of Appeals Opinion here.
Note: This is the administrative law case with the first sentence that made national news [“It is unlikely so many lawyers have ever before written so many pages because of a lost hat.”)
Whether state judicial officials have the authority and jurisdiction to rule on the legality of immigration arrest warrants and detainers issued by the federal government requesting local law enforcement agencies to detain individuals suspected of violating federal immigration laws for at least 48 hours after their state criminal matters have been resolved.
Whether the Court of Appeals erred in holding that a prevailing party in a disciplinary proceeding by a licensing board cannot recover attorney’s fees pursuant to N.C.G.S. 6-19.1.
From the opinion: “In this case, the Court is asked to consider whether a trial court may award attorney’s fees to a prevailing party in a disciplinary action by a licensing board. Because we conclude that N.C.G.S. § 6-19.1 does not preclude a trial court from awarding attorney’s fees in disciplinary actions by a licensing board, we modify and affirm the holding below.”
In an inverse condemnation proceeding for a Map Act taking, did the trial court’s jury instructions and evidentiary rulings erroneously characterize the nature of the taking in a way that prejudiced the Department of Transportation, was the trial court’s decision to reject a quick take counterclaim on the eve of trial an abuse of discretion, and did the trial court properly take account of property taxes and correctly calculate pre-judgment interest.
Appeal from order and final judgment holding that information obtained as a result of a public records request for information on students found responsible for serious sexual misconduct was considered educational records as defined by FERPA and therefore protected from disclosure; whether the trial court erred in determining that FERPA granted the UNC-CH discretion to release the name of any student found responsible by the university for serious sexual misconduct and preempts the Public Records Act.
Wastewater; Swamp Waters; Biological Integrity Standard; Water Quality
Note: After a first quick review of this case, Clark Wright, one of our Section Council members had this to say:
“I believe that this is an important case for admin law—it clearly shows that, after all these years, we still do not have clarity from our appellate courts regarding the critical issues of deference—not only to agency findings and agency interpretations of relevant regulations, but also in terms of deference to findings/rulings by ALJs on issues of law and fact. Given that this case was well lawyered, the fact that it spawned not one, not two, but at least three different opinions from members of the CTA speaks volumes. The case does at least provide unanimous rulings on the broad definition of “persons aggrieved” . . . The opinion is “only” 98 pages long—enjoy! If you want to zero in, I suggest reading the two short concurrences/dissents first, along with pages 1-4, and then cherry pick the rest . . .”
Tort claims act—motion to dismiss under Rule 12(b)(6); judicial immunity; gatekeeping order
Case involves prisoner filing against Superior Court Judge in Industrial Commission. Special Deputy Commissioner for the Industrial Commission entered a gatekeeper order that was affirmed by the full Commission. Discussion of facts and gatekeeping orders may be useful to administrative law practitioners.
https://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-06-09 16:13:282020-06-09 16:13:28Recent Administrative Law Cases of Significance