City of Asheville v. State

Decision Date05 February 2009
Docket NumberNo. 244P07-2.,244P07-2.
Citation672 S.E.2d 685
PartiesCITY OF ASHEVILLE v. STATE of North Carolina and County Of Buncombe, et al.
CourtNorth Carolina Supreme Court
ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiff on the 23rd day of September 2008 in this matter pursuant to G.S. 7A-30, and the motions to dismiss the appeal for lack of substantial constitutional question filed by the Defendant (State of NC and County of Buncombe), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motions to dismiss the appeal is

"Allowed by order of the Court in conference, this the 5th day of February 2009."

Upon consideration of the petition filed on the 23rd day of September 2008 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of February 2009."

TIMMONS-GOODSON, J., recused.

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11 cases
  • City of Asheville v. State
    • United States
    • North Carolina Supreme Court
    • December 21, 2016
    ...Acts" and individually as "Sullivan I," "Sullivan II," and "Sullivan III," respectively, see City of Asheville v. State , 192 N.C.App. 1, 4–5, 665 S.E.2d 103, 109 (2008) ( Asheville I ), appeal dismissed & disc. rev. denied , 363 N.C. 123, 672 S.E.2d 685 (2009) ), the City owns and operates......
  • Williams v. Peabody
    • United States
    • North Carolina Court of Appeals
    • November 15, 2011
    ...prior judgment serves as a bar only as to issues actually litigated and determined in the original action.” City of Asheville v. State, 192 N.C.App. 1, 17, 665 S.E.2d 103, 117 (2008), appeal dismissed, disc. review denied, 363 N.C. 123, 672 S.E.2d 685 (2009) (quotation omitted) (emphasis in......
  • Quets v. Needham
    • United States
    • North Carolina Court of Appeals
    • July 21, 2009
    ...a bar to the relitigation of all matters that were or should have been adjudicated in the prior action. City of Asheville v. State, ___ N.C.App. ___, ___, 665 S.E.2d 103, 117 (2008) (citations, quotation marks and brackets in original omitted), appeal dismissed and disc. review denied, ___ ......
  • Semelka v. The Univ. of N.C.
    • United States
    • North Carolina Court of Appeals
    • June 6, 2023
    ... ... THE UNIVERSITY OF NORTH CAROLINA, a body politic and corporate institution of the State of North Carolina; THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, a constituent institution of ... leaves the matter for further action by the trial court ... See Veazey v. City of Durham , 231 N.C. 357, 362, 57 ... S.E.2d 377, 381 (citation omitted) ("An interlocutory ... necessary to the judgment. See City of Asheville v ... State , 192 N.C.App. 1, 14, 665 S.E.2d 103, 115 (2008) ... (citation omitted) (" ... ...
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