Prior to law school, I was the epitome of a healthy person. I ate right, I exercised almost every day, I slept well, and I was well hydrated. I ate all the colors of the rainbow with mostly a plant-based diet and with very little, if any, meat or dairy. I drank about a hundred ounces of water every day, I never drank coffee, and I very rarely drank soda. My vitals were excellent, with no problems with cholesterol, heart rate, or blood pressure. I exercised at least six days a week. I ran, lifted weights, swam, or practiced yoga. I loved my running community, and I participated in several long-distance races, including several triathlons, and a marathon.
During the first year of law school, a group of other law students and I would go on weekly runs, but all other aspects of my healthy lifestyle quickly went to the back burner. I needed caffeine to keep me focused on the hours upon hours of reading needed for class. I started skipping workouts to make time for projects and homework. Further, I would eat anything that was put in front of me because I did not have time to plan for meals or to cook.
The Section’s Council wants to ensure that administrative law practitioners are aware of pro bono opportunities available to them. The Section Council has worked with the Office of Administrative Hearings (OAH) over the years on pro bono opportunities. One goal of the Section’s pro bono committee this year is to compile a list of attorneys across the state who have an interest in handling OAH cases on a pro bono basis. An updated list will be an invaluable tool to help connect our Section’s great attorneys with persons in need of pro bono services before OAH. You can specify a particular type of case that you are willing to handle pro bono in OAH.
If you would like to be included on the pro bono list we are compiling, you can respond directly to me. I can be reached at Ott Cone & Redpath, P.A., 336-373-1300, [email protected].
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-02-07 12:58:322020-02-19 16:20:41Administrative Law Pro Bono Opportunities
“IRS outlines new tax law effect on tax exempt organizations.” Jan. 28, 2020, IRS. From the Article: “The Internal Revenue Service wants tax-exempt organizations to know about recent tax law changes that might affect them. The Taxpayer Certainty and Disaster Tax Relief Act, passed on December 20, 2019, includes several provisions that may apply to tax-exempt organizations’ current and previous tax years.”
“Attorney General Josh Stein Sues to Prevent Release of 3-D Firearm Files.” Jan. 24, 2020, N.C. Department of Justice. From the Press Release: “Attorney General Josh Stein joined a federal lawsuit to challenge the federal government’s latest effort to allow 3-D printed firearm blueprints to be released online. These files would allow plug-and-play access to 3-D printed unregistered, untraceable, hard-to-detect firearms, also known as ‘ghost guns.'”
“City Obligations for Providing Services to Annexed Areas.” By Frayda Bluestein, Jan. 30, 2020, UNC School of Government. Questions Presented in the Article: “What services must be provided to annexed areas? Is there a standard level of services that a city must meet? If a city provides utilities, does the law require a city to extend those utilities to all satellite areas?”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-02-07 09:52:122020-02-19 16:19:32Weekly Roundup: Interesting Reads for GPS Members
If you’re looking to learn more about new Chapter 160D of the North Carolina General Statutes (effective 2021), David Owens and Adam Lovelady with the UNC School of Government have created a good website that links to a number of resources on new Chapter 160D, including cross-over charts and an annotated version of 160D. Even if you attended presentations on 160D through the ZPLU section or the School of Government’s 160D Regional Workshops, this website provides useful information and resources that will be valuable as we head into the transition to 160D.
(For the uninitiated, new Chapter 160D will be the state’s new chapter on local zoning and development regulation starting in 2021. It consolidates and relocates the current statutes for local zoning and development regulations that are now located in Chapters 153A and 160A.)
N.C. Court of Appeals (i) further clarifies conditions which demonstrate bias by a quasi-judicial decision maker, and (ii) clarifies the burden of expert testimony required to overcome a prima facie showing of entitlement in quasi-judicial proceedings.
This case involves an application by several property owners (the “Petitioners”) for a conditional use permit (the “CUP”), permitting Strata Solar (“Strata”) to build a solar farm on a portion of the Petitioners’ properties. Several neighbors (the “Intervenors”) sought to intervene, arguing that the Lincoln County Board of Commissioners should deny the Petitioners’ CUP application on the grounds that the solar farm would substantially injure the value of adjoining or abutting properties. Petitioners argued that the Lincoln County Board of Commissioners and the superior court erred in denying the Petitioners’ motion to recuse a Commissioner from participating in the review of and decision on Petitioners’ CUP application where that Commissioner had advocated against the CUP prior to taking office and had presented his own evidence against the CUP after taking office.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2020-02-06 10:59:472020-02-19 16:51:02Case Summary: Dellinger v. Lincoln County, N.C. App. No. COA18-1080 (2019)
On June 28, 2019, the General Assembly ratified Senate Bill 355, (S.L. 2019-111), titled “An Act to Clarify, Consolidate, and Reorganize the Land-Use Regulatory Laws of the State.” The Act, comprised of two parts, does a number of noteworthy things. First and foremost, Part II is the much-anticipated addition to the General Statutes, Chapter 160D, which consolidates and reorganizes the municipal and county land-use planning and development statutes into one chapter. Fortunately, the broad changes found in Chapter 160D do not become effective until January 1, 2021, giving land-use attorneys plenty of time to become familiar with the new statutes. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2020-02-06 10:56:542020-02-19 16:51:40Part I of S.L. 2019-111--Provisions to Clarify and Change the Land Use Regulatory Laws of the State
Members of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan, [email protected]and Amanda Whorton, [email protected]) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2020-02-05 17:04:242020-02-19 16:52:44Sports & Entertainment Law Section Articles of Interest (January 2020)
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL Section Blog News Blasts for Feb. 4, 2019
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-02-04 17:01:122020-02-19 15:32:17MacCord’s List: IP News & Notices From Art MacCord
Kelly Jones joins Nexsen Pruet’s Business and Commercial Litigation group as a member attorney.
Tonya Powell joins Nexsen Pruet’s Real Estate group as a member attorney. Her practice focuses on commercial real estate, banking and finance, and corporate law. Tonya is a board certified specialist in Real Property Law Commercial.
David McCallum joins Nexsen Pruet’s Corporate and Tax group as special counsel. His practice focuses on assisting clients in matters involving the IRS Appeals Office and the IRS Tax Court.
Last year marked the fifth year that the Pro Bono Committee of the NCBA Bankruptcy Section presented one of its members with the Outstanding Achievement in Pro Bono Award. Prior award winners include Ciara Rogers (2015), Jennifer Bennington (2016), Matt Crow (2017), and Michael Martinez (2018). Our committee reviewed several incredible nominations, and narrowed it down to the 2019 recipient, Lance Martin with Ward & Smith in Asheville, NC.
Lance received his JD from Tulane University Law School in 1995. He is a Section member, serves on the Bankruptcy Council and is board certified in Business Bankruptcy. He has worked with Pisgah Legal Services in the Mountain Area Volunteer Lawyers Program as a volunteer attorney since 2011. Pisgah Legal Services provides free civil legal aid to more than 16,000 people in Western North Carolina each year. Lance was recently honored with their Outstanding Volunteer Lawyer Award. Our congratulations goes to Lance for his dedicated service.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-02-03 17:33:022020-02-19 15:30:092019 Outstanding Achievement in Pro Bono Award
My Wellness Journey
Young Lawyers DivisionPrior to law school, I was the epitome of a healthy person. I ate right, I exercised almost every day, I slept well, and I was well hydrated. I ate all the colors of the rainbow with mostly a plant-based diet and with very little, if any, meat or dairy. I drank about a hundred ounces of water every day, I never drank coffee, and I very rarely drank soda. My vitals were excellent, with no problems with cholesterol, heart rate, or blood pressure. I exercised at least six days a week. I ran, lifted weights, swam, or practiced yoga. I loved my running community, and I participated in several long-distance races, including several triathlons, and a marathon.
During the first year of law school, a group of other law students and I would go on weekly runs, but all other aspects of my healthy lifestyle quickly went to the back burner. I needed caffeine to keep me focused on the hours upon hours of reading needed for class. I started skipping workouts to make time for projects and homework. Further, I would eat anything that was put in front of me because I did not have time to plan for meals or to cook.
Read more
Administrative Law Pro Bono Opportunities
Administrative LawBy Stephen J. White
The Section’s Council wants to ensure that administrative law practitioners are aware of pro bono opportunities available to them. The Section Council has worked with the Office of Administrative Hearings (OAH) over the years on pro bono opportunities. One goal of the Section’s pro bono committee this year is to compile a list of attorneys across the state who have an interest in handling OAH cases on a pro bono basis. An updated list will be an invaluable tool to help connect our Section’s great attorneys with persons in need of pro bono services before OAH. You can specify a particular type of case that you are willing to handle pro bono in OAH.
If you would like to be included on the pro bono list we are compiling, you can respond directly to me. I can be reached at Ott Cone & Redpath, P.A., 336-373-1300, [email protected].
Read more
Weekly Roundup: Interesting Reads for GPS Members
Government & Public Sector“IRS outlines new tax law effect on tax exempt organizations.” Jan. 28, 2020, IRS. From the Article: “The Internal Revenue Service wants tax-exempt organizations to know about recent tax law changes that might affect them. The Taxpayer Certainty and Disaster Tax Relief Act, passed on December 20, 2019, includes several provisions that may apply to tax-exempt organizations’ current and previous tax years.”
“Attorney General Josh Stein Sues to Prevent Release of 3-D Firearm Files.” Jan. 24, 2020, N.C. Department of Justice. From the Press Release: “Attorney General Josh Stein joined a federal lawsuit to challenge the federal government’s latest effort to allow 3-D printed firearm blueprints to be released online. These files would allow plug-and-play access to 3-D printed unregistered, untraceable, hard-to-detect firearms, also known as ‘ghost guns.'”
“City Obligations for Providing Services to Annexed Areas.” By Frayda Bluestein, Jan. 30, 2020, UNC School of Government. Questions Presented in the Article: “What services must be provided to annexed areas? Is there a standard level of services that a city must meet? If a city provides utilities, does the law require a city to extend those utilities to all satellite areas?”
Read more
Good Resource on 160D
Zoning Planning & Land Use SectionIf you’re looking to learn more about new Chapter 160D of the North Carolina General Statutes (effective 2021), David Owens and Adam Lovelady with the UNC School of Government have created a good website that links to a number of resources on new Chapter 160D, including cross-over charts and an annotated version of 160D. Even if you attended presentations on 160D through the ZPLU section or the School of Government’s 160D Regional Workshops, this website provides useful information and resources that will be valuable as we head into the transition to 160D.
(For the uninitiated, new Chapter 160D will be the state’s new chapter on local zoning and development regulation starting in 2021. It consolidates and relocates the current statutes for local zoning and development regulations that are now located in Chapters 153A and 160A.)
Case Summary: Dellinger v. Lincoln County, N.C. App. No. COA18-1080 (2019)
Zoning Planning & Land Use SectionKevin Hornik
Garrett Davis
By Kevin Hornik and Garrett Davis
N.C. Court of Appeals (i) further clarifies conditions which demonstrate bias by a quasi-judicial decision maker, and (ii) clarifies the burden of expert testimony required to overcome a prima facie showing of entitlement in quasi-judicial proceedings.
This case involves an application by several property owners (the “Petitioners”) for a conditional use permit (the “CUP”), permitting Strata Solar (“Strata”) to build a solar farm on a portion of the Petitioners’ properties. Several neighbors (the “Intervenors”) sought to intervene, arguing that the Lincoln County Board of Commissioners should deny the Petitioners’ CUP application on the grounds that the solar farm would substantially injure the value of adjoining or abutting properties. Petitioners argued that the Lincoln County Board of Commissioners and the superior court erred in denying the Petitioners’ motion to recuse a Commissioner from participating in the review of and decision on Petitioners’ CUP application where that Commissioner had advocated against the CUP prior to taking office and had presented his own evidence against the CUP after taking office.
Read more
Part I of S.L. 2019-111–Provisions to Clarify and Change the Land Use Regulatory Laws of the State
Zoning Planning & Land Use SectionKevin Hornik
Garrett Davis
By Kevin Hornik and Garrett Davis
On June 28, 2019, the General Assembly ratified Senate Bill 355, (S.L. 2019-111), titled “An Act to Clarify, Consolidate, and Reorganize the Land-Use Regulatory Laws of the State.” The Act, comprised of two parts, does a number of noteworthy things. First and foremost, Part II is the much-anticipated addition to the General Statutes, Chapter 160D, which consolidates and reorganizes the municipal and county land-use planning and development statutes into one chapter. Fortunately, the broad changes found in Chapter 160D do not become effective until January 1, 2021, giving land-use attorneys plenty of time to become familiar with the new statutes. Read more
Sports & Entertainment Law Section Articles of Interest (January 2020)
Sports & Entertainment Law SectionBy various authors
Members of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan, [email protected] and Amanda Whorton, [email protected]) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.
Take More Than a New York Minute Before You Re-Tweet
Pending State Bills Propose to Limit The Ability of Transgender Student-Athletes to Compete
BuzzFeed Wins Libel Suit Regarding “King of Bullsh*t News” Article
Virginia Considering Student-Athlete Name, Image and Likeness Legislation
As The NCAA Formulates Options, More States Opt To Use Legislation As The Solution For Name, Image and Likeness Rights
Inspiration to Infringement: Copyright Issues in Scripted Entertainment Inspired by Song Lyrics
MacCord’s List: IP News & Notices From Art MacCord
Intellectual Property Law SectionNCBA IPL Section Blog News Blasts for Feb. 4, 2019
Patent litigation data through 2016 is now available.
Checking In: Feb. 4, 2020
Checking InBy Sidney Shank
Kelly Jones joins Nexsen Pruet’s Business and Commercial Litigation group as a member attorney.
Read more
2019 Outstanding Achievement in Pro Bono Award
BankruptcyLast year marked the fifth year that the Pro Bono Committee of the NCBA Bankruptcy Section presented one of its members with the Outstanding Achievement in Pro Bono Award. Prior award winners include Ciara Rogers (2015), Jennifer Bennington (2016), Matt Crow (2017), and Michael Martinez (2018). Our committee reviewed several incredible nominations, and narrowed it down to the 2019 recipient, Lance Martin with Ward & Smith in Asheville, NC.
Lance received his JD from Tulane University Law School in 1995. He is a Section member, serves on the Bankruptcy Council and is board certified in Business Bankruptcy. He has worked with Pisgah Legal Services in the Mountain Area Volunteer Lawyers Program as a volunteer attorney since 2011. Pisgah Legal Services provides free civil legal aid to more than 16,000 people in Western North Carolina each year. Lance was recently honored with their Outstanding Volunteer Lawyer Award. Our congratulations goes to Lance for his dedicated service.
Read more