Justia North Carolina Supreme Court Opinion Summaries

On appeal from this non-jury neglect adjudication, the court of appeals misapplied the standard of review in reversing an order of the district court in that the district court’s findings were supported by clear and convincing competent evidence and were therefore deemed conclusive.In adjudicating J.A.M. to be a neglected juvenile, the trial court found that Mother failed to acknowledge her role in prior minor children entering custody and her rights subsequently being terminated. The court of appeals determined that Mother’s vague concession to having made “poor decisions” constituted evidence that directly contradicted the finding that Mother failed to acknowledge her role in the children entering custody and her rights subsequently being terminated. The Supreme Court reversed, holding that there was clear and convincing evidence to support the trial court’s findings. View "In re J.A.M." on Justia Law

The trial court did not err in dismissing Plaintiffs’ action for lack of subject matter jurisdiction due to Plaintiffs’ failure to exhaust administrative remedies in seeking damages for denied Medicaid reimbursement claims.The court of appeals reversed the trial court’s order, ruling that the trial court erred in dismissing Plaintiffs’ complaint without resolving certain factual issues and that Plaintiffs sufficiently demonstrated that it would be futile to pursue administrative remedies. The Supreme Court reversed, holding that the court of appeals erred in reversing the dismissal of Plaintiffs’ claims where Plaintiffs failed to exhaust their administrative remedies prior to filing suit and failed to demonstrate futility of the available remedies at this time. View "Abrons Family Practice & Urgent Care, PA v. North Carolina Department of Human Services" on Justia Law

The trial court did not err in dismissing Plaintiffs’ action for lack of subject matter jurisdiction due to Plaintiffs’ failure to exhaust administrative remedies in seeking damages for denied Medicaid reimbursement claims.The court of appeals reversed the trial court’s order, ruling that the trial court erred in dismissing Plaintiffs’ complaint without resolving certain factual issues and that Plaintiffs sufficiently demonstrated that it would be futile to pursue administrative remedies. The Supreme Court reversed, holding that the court of appeals erred in reversing the dismissal of Plaintiffs’ claims where Plaintiffs failed to exhaust their administrative remedies prior to filing suit and failed to demonstrate futility of the available remedies at this time. View "Abrons Family Practice & Urgent Care, PA v. North Carolina Department of Human Services" on Justia Law

A showing of strict compliance with a corporate entity’s internal bylaws and governance procedures is not necessary for that entity to invoke the jurisdiction of the General Court of Justice.Plaintiffs, non-profit corporations representing homeowners in certain residential communities located in the City of Charlotte, instituted this litigation challenging the validity of a zoning ordinance enacted by the City. The trial court granted Defendants’ motions for summary judgment, concluding that Plaintiffs lacked standing to bring their claims because they failed to comply with various provisions in their corporate bylaws when they initiated this litigation. The court of appeals affirmed. The Supreme Court reversed, holding that, despite Plaintiffs’ failure to comply strictly with their respective bylaws and internal governance procedures in deciding to initiate this suit, they possessed a “sufficient stake in an otherwise justiciable controversy” to confer jurisdiction on the trial court to adjudicate this legal dispute. View "Willowmere Community Ass'n v. City of Charlotte" on Justia Law

Despite Defendants’ nonexclusive control over a portion of the property where twenty-two marijuana plants were found growing, the State presented sufficient evidence of other incriminating circumstances to allow the case to go to the jury.The Supreme Court reversed the decision of the court of appeals, which reversed Defendants’ convictions for manufacturing marijuana, possession with intent to manufacture, sell or deliver marijuana, and felony possession of marijuana. The court of appeals determined that Defendants did not have exclusive possession of the potion of the property where the marijuana plants were found, and therefore, the State was required to show evidence of other incriminating circumstances to survive Defendants’ motion to dismiss for insufficiency of the evidence. The court of appeals concluded that the State failed to show other incriminating circumstances. The Supreme Court disagreed, holding that, notwithstanding Defendants’ nonexclusive possession of the location in which the contraband was found, there was evidence from which a jury could reasonably infer that Defendants knowingly possessed the marijuana plants. View "State v. Chekanow" on Justia Law

The trial court’s appointment of a guardian ad litem (GAL) on behalf of a minor removes that minor’s disability of minority and starts the running of the statute of limitations. Therefore, the failure of a court-appointed GAL to pursue the minor’s claim within the statute of limitations bars the claim.In the instant case, a minor plaintiff, by and through a court-appointed GAL, filed an action against defendant-health providers, alleging that Defendants’ medical negligence led to Plaintiff’s brain injury. The trial court dismissed the claims as time barred. Plaintiff appealed, arguing that the plain language of N.C. Gen. Stat. 1-17(b) tolled the limitations period until Plaintiff reached the age of nineteen. The court of appeals agreed and reversed. The Supreme Court reversed, holding that the appointment of the GAL removed Plaintiff’s disability of minority, which eliminated the tolling and started the running of the applicable three-year statute of limitations for medical malpractice claims. View "King v. Albemarle Hospital Authority" on Justia Law

The trial court’s appointment of a guardian ad litem (GAL) on behalf of a minor removes that minor’s disability of minority and starts the running of the statute of limitations. Therefore, the failure of a court-appointed GAL to pursue the minor’s claim within the statute of limitations bars the claim.In the instant case, a minor plaintiff, by and through a court-appointed GAL, filed an action against defendant-health providers, alleging that Defendants’ medical negligence led to Plaintiff’s brain injury. The trial court dismissed the claims as time barred. Plaintiff appealed, arguing that the plain language of N.C. Gen. Stat. 1-17(b) tolled the limitations period until Plaintiff reached the age of nineteen. The court of appeals agreed and reversed. The Supreme Court reversed, holding that the appointment of the GAL removed Plaintiff’s disability of minority, which eliminated the tolling and started the running of the applicable three-year statute of limitations for medical malpractice claims. View "King v. Albemarle Hospital Authority" on Justia Law

In this case seeking just compensation for the taking of property in Greensboro, the trial court erred in excluding testimony from a licensed real estate broker as an expert witness who would testify about the fair market value of the property before and after the taking.After a trial, the jury returned a verdict setting just compensation for the taking by the North Carolina Department of Transportation (DOT) of 2.193 acres of land in Greensboro at $350,000. Defendants appealed, arguing that their proposed expert’s report and his testimony on fair market value should have been admitted as evidence. The court of appeals affirmed. The Supreme Court reversed, holding that a new trial was warranted because N.C. Gen. Stat. 93A-83(f) did not prohibit the proposed expert from preparing his expert report on fair market value, and the trial court’s erroneous exclusion of the testimony about fair market value on that basis prejudiced Defendants. View "North Carolina Department of Transportation v. Mission Battleground Park, DST" on Justia Law

In this case seeking just compensation for the taking of property in Greensboro, the trial court erred in excluding testimony from a licensed real estate broker as an expert witness who would testify about the fair market value of the property before and after the taking.After a trial, the jury returned a verdict setting just compensation for the taking by the North Carolina Department of Transportation (DOT) of 2.193 acres of land in Greensboro at $350,000. Defendants appealed, arguing that their proposed expert’s report and his testimony on fair market value should have been admitted as evidence. The court of appeals affirmed. The Supreme Court reversed, holding that a new trial was warranted because N.C. Gen. Stat. 93A-83(f) did not prohibit the proposed expert from preparing his expert report on fair market value, and the trial court’s erroneous exclusion of the testimony about fair market value on that basis prejudiced Defendants. View "North Carolina Department of Transportation v. Mission Battleground Park, DST" on Justia Law

Plaintiff, a police officer, adequately stated a claim that his rights under Article I, Section 1 of the North Carolina Constitution were violated when his employer, the City of Wilmington, refused to consider Plaintiff’s appeal regarding the validity of an examination required for a promotion.Upon seeking promotion, Plaintiff took a written examination, a required step in the promotional process, but did not receive a passing score. Plaintiff filed a grievance regarding the test answers, but the City Manager informed him that the test answers were not a grievance item. Plaintiff filed a complaint, arguing that the City arbitrarily and irrationally deprived him of enjoyment of the fruits of his own labor, in violation of the Constitution. The trial court granted the City’s motion for judgment on the pleadings, in which the City argued that Plaintiff did not have a property interest that could support his claims. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court erred in dismissing Plaintiff’s claim arising under Article I, Section 1 of the North Carolina Constitution; but (2) Plaintiff did not state a valid claim under Article I, Section 19. View "Tully v. City of Wilmington" on Justia Law