Justia North Carolina Supreme Court Opinion Summaries

In the early days of the COVID-19 pandemic, Governor Roy Cooper of North Carolina issued an executive order limiting attendance at outdoor venues to twenty-five people. Robert Turner, who operated Ace Speedway in Alamance County, publicly opposed these restrictions and kept the racetrack open. This led to a series of events where Governor Cooper allegedly pressured local officials to enforce the order against Ace Speedway, culminating in the North Carolina Department of Health and Human Services (DHHS) issuing an abatement order to shut down the racetrack as a health hazard.The Superior Court of Alamance County initially issued a preliminary injunction against Ace Speedway, prohibiting it from holding events until it complied with the abatement order. Ace Speedway and its operators counterclaimed, alleging constitutional violations, including the right to earn a living and selective enforcement. The trial court denied the State’s motion to dismiss these counterclaims, and the State appealed. The North Carolina Court of Appeals affirmed the trial court’s decision, allowing the case to proceed.The Supreme Court of North Carolina reviewed the case and affirmed the Court of Appeals' decision. The Court held that Ace Speedway sufficiently alleged colorable claims under the North Carolina Constitution. The allegations suggested that the State's actions were not for a proper governmental purpose but to retaliate against Turner for his public criticism, thus violating the right to earn a living. Additionally, the selective enforcement claim was deemed colorable because Ace Speedway alleged it was targeted while other similar venues were not, based on Turner’s exercise of his First Amendment rights. The Court concluded that these claims were sufficient to overcome the State’s sovereign immunity at this stage. View "Kinsley v. Ace Speedway Racing, Ltd" on Justia Law

Debra Cullen sued Logan Developers, Inc. for injuries sustained when she fell through a hole in her attic floor, which the defendant had cut to provide access to the home’s air handler. Cullen admitted she did not look before stepping backward into the hole, despite knowing it was unsafe to walk on non-floored parts of the attic. The hole was covered with insulation, making it an open and obvious risk.The Superior Court of Brunswick County granted summary judgment in favor of Logan Developers, finding Cullen contributorily negligent for failing to look where she was stepping and determining there were insufficient facts to support a claim of gross negligence. The Court of Appeals vacated this decision, holding that there were genuine issues of material fact regarding Cullen’s knowledge of the attic’s condition and whether Logan Developers’ actions constituted gross negligence.The Supreme Court of North Carolina reviewed the case and reversed the Court of Appeals' decision. The Supreme Court held that Cullen was contributorily negligent as a matter of law because the hole was an open and obvious risk that she could have avoided by exercising reasonable care. The court also found that Logan Developers did not exhibit the conscious disregard for Cullen’s safety necessary to prove gross negligence, even if they violated the North Carolina Building Code. Therefore, the trial court’s summary judgment in favor of Logan Developers was reinstated. View "Cullen v. Logan Developers, Inc" on Justia Law

In this juvenile proceeding, the Pitt County Department of Social Services (DSS) received several reports in 2021 regarding the respondent mother’s interactions with her children, Amanda, Jade, and Juliet. Incidents included the mother breaking a car window to reach Jade, hitting her with a belt, and leaving her outside in cold weather. DSS filed petitions alleging neglect and dependency for the children. The trial court admitted statements from Jade, who did not testify, and concluded that all three children were neglected and that Jade and Juliet were dependent.The District Court of Pitt County entered an order based on these findings. On appeal, the North Carolina Court of Appeals determined that many of the trial court’s findings were based on inadmissible hearsay and reversed the trial court’s order, remanding the case with instructions to dismiss the juvenile petitions. The Court of Appeals held that the remaining findings were insufficient to support the trial court’s conclusions of neglect and dependency.The Supreme Court of North Carolina reviewed the case and found that the Court of Appeals did not adequately examine whether the remaining findings supported the trial court’s conclusions or whether the record contained sufficient evidence to support necessary findings. The Supreme Court determined that while some findings were unsupported, the record contained clear, cogent, and convincing evidence that could support the necessary findings for neglect and dependency adjudications. Therefore, the Supreme Court reversed the decision of the Court of Appeals and remanded the case with instructions to vacate the trial court’s order and remand for further proceedings, allowing the trial court to enter a new order based on the existing record or conduct further proceedings as necessary. View "In re A.J., J.C., J.C" on Justia Law

Alison Arter purchased land from Stephen and Sharon Burt in Orange County, which included a home and a horse farm. The Burts retained ownership of an adjacent property. In 2020, a developer sought to subdivide the Burts' property to build homes, planning a road along the property line next to Arter's land. Arter argued that a thirty-foot buffer was required between the road and her property based on the zoning ordinances. The Orange County Planning & Inspections Department disagreed, stating no buffer was needed as both properties were zoned "R-1" residential.Arter appealed to the Orange County Board of Adjustment, which upheld the department's decision. She then sought judicial review in Superior Court, which also affirmed the decision. Arter appealed to the Court of Appeals, where a divided panel ruled. The majority held that the zoning ordinances required buffers only between different zoning districts, not within the same district, thus affirming the lower court's decision. The dissent argued that the accompanying table suggested buffers were required based on land use, necessitating further fact-finding.The Supreme Court of North Carolina reviewed the case. The Court held that the text of the zoning ordinance, which required buffers based on zoning districts, controlled over any conflicting information in the accompanying table. Since both properties were zoned "R-1," no buffer was required. The Court affirmed the decision of the Court of Appeals, agreeing that the zoning ordinances were unambiguous and did not mandate a buffer between the properties. View "Arter v. Orange County" on Justia Law

On April 4, 2021, Latoyna Dunlap approached Angela Benita Phillips' home, believing Phillips had complained about her to their landlord. Witnesses provided conflicting accounts of Dunlap's demeanor and the events that followed. A confrontation ensued, during which Phillips either slapped Dunlap or struck her with a gun. Phillips then fired multiple shots at Dunlap, one of which caused severe injuries. Phillips was arrested and indicted for assault with a deadly weapon with intent to kill inflicting serious injury. At trial, Phillips claimed self-defense and defense of habitation, requesting relevant jury instructions.The Superior Court of Cumberland County, presided over by Judge James F. Ammons, Jr., expressed concerns about the castle doctrine instruction, suggesting it might allow excessive force. The court modified the instruction to include a prohibition on excessive force, despite objections from Phillips' counsel. The jury found Phillips guilty of assault with a deadly weapon inflicting serious injury, and she was sentenced to 25 to 42 months in prison. Phillips appealed the decision.The North Carolina Court of Appeals, in a divided panel, vacated the trial court's judgment and remanded for a new trial, agreeing with Phillips that the trial court's instruction on excessive force was erroneous and confusing. The majority held that under the castle doctrine, excessive force is impossible unless the State rebuts the presumption of reasonable fear. One judge dissented, arguing that the statutory castle doctrine defense aligns with common law defenses, including the prohibition against excessive force.The Supreme Court of North Carolina reviewed the case and clarified the castle doctrine. The court held that the statutory presumption of reasonable fear under the castle doctrine can only be rebutted by specific circumstances listed in the statute. The court affirmed the Court of Appeals' finding of instructional error but vacated its prejudice determination, remanding for proper consideration of whether the error prejudiced Phillips. View "State v. Phillips" on Justia Law

The case involves a dispute over visitation rights between a mother and her three children, Anna, Chris, and Margaret. The Guilford County Department of Health and Human Services (DHHS) had investigated the mother and the father of Anna for maintaining an injurious environment and neglecting the children through improper discipline. The parents admitted to forcing Margaret to stand in a corner for many hours, whipping her with a belt, and making her sleep on a bare floor. The trial court adjudicated Margaret as abused and neglected, and Anna and Chris as neglected. The mother had not entered a case plan with DHHS for reunification with any of her children by the time of the November 2019 disposition order.The Court of Appeals reversed the trial court's order, stating that the trial court improperly admitted some hearsay evidence. The Court of Appeals held that the trial court's reasoning was so heavily reliant on the hearsay evidence that the proper remedy was to vacate the trial court's order and remand for a new hearing with respect to Margaret. The Court of Appeals also ordered the trial court to dismiss the petitions directed at Margaret's younger siblings.The Supreme Court of North Carolina disagreed with the Court of Appeals' decision. The Supreme Court found that the Court of Appeals had made numerous errors, including misstating the standard of review, requiring the trial court to make specific findings for each parent regarding unfitness or conduct inconsistent with their parental rights, and addressing the constitutional rights of respondents without any briefing or argument from the parties. The Supreme Court reversed the Court of Appeals' decision and remanded the case directly to the trial court for further proceedings. View "In re A.J.L.H., C.A.L.W., M.J.L.H." on Justia Law

The case involves Joseph Askew, Charlie Gordon Wade III, and Curtis Washington, who sued the City of Kinston, North Carolina, alleging that the city's condemnation and demolition of their properties violated their rights under the state constitution. The plaintiffs, who are African American, claimed that the city targeted properties owned by African Americans or located in predominantly African American neighborhoods, while ignoring similarly dilapidated properties owned by Caucasians or located in predominantly Caucasian neighborhoods.The Superior Court of Lenoir County granted summary judgment in favor of the city, and the plaintiffs appealed. The Court of Appeals vacated the lower court's decision, ruling that the plaintiffs had to exhaust all administrative remedies before bringing a direct action under the state constitution. The plaintiffs then appealed to the Supreme Court of North Carolina.The Supreme Court of North Carolina vacated the Court of Appeals' decision. The court held that exhaustion of administrative remedies does not dictate jurisdiction over direct actions under the state constitution. The court explained that the authority to hear such claims flows from the constitution itself. The court also found that the Court of Appeals had erred by treating the plaintiffs' separate constitutional claims as the same. The court remanded the case to the Court of Appeals for a standard de novo review of the merits of the trial court's summary judgment order. View "Askew v. City of Kinston" on Justia Law

The case revolves around a dispute over a tract of land in North Carolina. The defendants, Wade and Teresa Cornett, have lived on the property since 1983 and purchased it in 1995. The deed showed a thirty-foot access easement along the western edges of the property, which the Cornetts had used for access to a road. Over the years, the Cornetts made various improvements in the easement, under the belief that they owned the property in the easement. In 2019, the plaintiffs, Joanne and William Hinman, purchased the land from the Churches, who had inherited it from Bennie Church, the Cornetts' former neighbor. The Hinmans commissioned a survey, which confirmed the existence of the easement on their land. They demanded the Cornetts remove the improvements built inside the easement and asserted that the Cornetts could not use the portion of the paved driveway falling outside the easement boundary. The Cornetts refused, and the Hinmans brought suit for trespass and to quiet title.The trial court granted summary judgment for the Hinmans on all claims. The Cornetts appealed the trial court’s judgment to the Court of Appeals, which reversed the trial court's decision and remanded for further proceedings. The Court of Appeals opined that the Cornetts’ evidence showed open, continuous, exclusive, actual, and notorious use of the disputed land for over twenty years. The dissenting judge disagreed, arguing that the Cornetts’ use was permissive and tolled the running of the twenty-year statute of limitations.The Supreme Court of North Carolina affirmed the decision of the Court of Appeals. The court concluded that the Cornetts’ evidence was sufficient to raise a genuine issue of material fact concerning the hostility of their possession of the land. The court found that the Cornetts’ mistaken belief of ownership and their permanent improvements on the property constituted evidence rebutting the presumption of permissive use. The case was remanded for further proceedings. View "Hinman v. Cornett" on Justia Law

The case revolves around the custody of three children, Kelly, Amy, and Matt, who were taken into nonsecure custody by the Vance County Department of Social Services (DSS) due to their parents' issues with homelessness, mental health, and domestic violence. The children were initially placed in foster care and later with their paternal great aunt (Great Aunt). The trial court ordered an investigation into the possibility of placing the children with their maternal grandmother (Grandmother) who lived in Georgia. However, DSS did not initiate the out-of-state home study on Grandmother until November 2021, despite the court's order in February 2019.The Court of Appeals affirmed the trial court's decision to grant guardianship to Great Aunt, concluding that there was no obligation under the Interstate Compact on the Placement of Children (ICPC) for a home study to be completed to rule out an out-of-state relative as a placement option. The Court of Appeals also vacated the order in part and remanded for reconsideration of the mother's visitation rights.The Supreme Court of North Carolina affirmed the decision of the Court of Appeals. The court held that trial courts are not necessarily required to wait on completion of a home study to rule out the placement with an out-of-state relative if the trial court concludes that an in-state relative is willing and able to provide proper care and supervision and the placement is in the best interest of the children. However, the court noted that in some scenarios, the best-interest determination may require the completion of an ICPC home study before the trial court can make a placement. The court also clarified that the ICPC does apply to an order granting guardianship to out-of-state grandparents. View "In re: K.B., A.M.H., M.S.H" on Justia Law

The case revolves around Joshua Reber, who was convicted for sexually abusing a young child. The child, K.W., testified in detail about the abuse, which began when she was eight years old. Reber admitted to taking K.W. into the woods alone at night without informing anyone but denied any sexual abuse. During his testimony, Reber also discussed his normal sexual relationships with adult women. The prosecutor cross-examined Reber about his text messages with a woman named Danielle, which indicated sexual encounters. Reber did not object to these questions.The jury found Reber guilty, and he was sentenced to two consecutive terms of 300 to 420 months in prison. Reber appealed, arguing that the admission of his cross-examination testimony and the prosecutor's statements during closing arguments were errors. The Court of Appeals reversed Reber’s convictions, holding that the introduction of the challenged evidence on cross-examination amounted to plain error and that the prosecutor’s statements during closing argument were so grossly improper that the trial court should have intervened on its own initiative.The Supreme Court of North Carolina disagreed with the Court of Appeals' decision. The court held that the admission of the cross-examination testimony was not plain error and that the prosecutor's statements during closing arguments were not so grossly improper that the trial court should have intervened. The court reversed the decision of the Court of Appeals and remanded the case for consideration of Reber’s remaining arguments. View "State v. Reber" on Justia Law