CAPITAL OUTDOOR v. GUILFORD COUNTY BD., COA00-969-2.
Decision Date | 20 August 2002 |
Docket Number | No. COA00-969-2.,COA00-969-2. |
Citation | 567 S.E.2d 440,152 NC App. 474 |
Court | North Carolina Court of Appeals |
Parties | CAPITAL OUTDOOR, INC., Petitioner/appellant/cross-appellee, v. GUILFORD COUNTY BOARD OF ADJUSTMENT, Respondent/appellee/cross-appellant. |
Waller, Stroud, Stewart & Araneda, LLP, by Betty S. Waller, Raleigh, for petitioner.
Guilford County Attorney's Office, by Jonathan V. Maxwell, County Attorney, and Mercedes O. Chut, Deputy County Attorney, for respondent.
Based on the reasons stated in the dissenting opinion in Capital Outdoor, Inc. v. Guilford Cty. Bd. of Adjust., 146 N.C.App. 388, 552 S.E.2d 265 (2001) (hereinafter Capital I), rev'd per curiam, 355 N.C. 269, 559 S.E.2d 547 (2002), the Supreme Court reversed the majority opinion of this Court as to the majority's articulation of the standard of review of superior court orders upholding or reversing agency/board decisions. The evidence presented before the superior court in this case is summarized in Capital I. Consistent with the Supreme Court's mandate, we now articulate the standard of review to be employed by an appellate court.
As stated by the dissent in Capital I, "an appellate court's obligation to review a superior court order for errors of law, ... can be accomplished by addressing the dispositive issue(s) before the agency[/board] and the superior court without [ (1) ] examining the scope of review utilized by the superior court" and (2) remanding the case if the standard of review employed by the superior court cannot be ascertained. Id. at 392, 552 S.E.2d at 268 (Greene, J., dissenting) (emphasis added) (citation omitted). Thus, depending on which issues were raised in the present case, an appellate court must determine whether: "1) the [b]oard committed any errors in law; 2) the [b]oard followed lawful procedure; 3) the petitioner was afforded appropriate due process; 4) the [b]oard's decision was supported by competent evidence in the whole record; and 5) ... the [b]oard's decision was arbitrary and capricious." Id. at 390, 552 S.E.2d at 267.
According to the dissent in Capital I:
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