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
This article has been republished with permission from Ropes & Gray.
One of the many unanswered questions associated with the United Kingdom’s departure from the European Union on 31 January 2020 is the future use of sanctions as part of the United Kingdom’s foreign policy playbook. From the time of Brexit on 31 January 2020 until 31 December 2020, OFSI has confirmed that the United Kingdom will continue to apply all current EU sanctions. At the end of this period, the United Kingdom will be free to alter the extent to which the EU sanctions program is applicable in the United Kingdom. As discussed further below, while UK and EU officials have said they intend to coordinate as much as possible on sanctions policy, the UK government has provided some indication that it will use Brexit as an opportunity to carve its own path and potentially strengthen its sanctions regime. A related key question will be whether the United Kingdom will align itself to the United States’ or the European Union’s policy on Iran, or adopt its own position.
The Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”), the cornerstone of the United Kingdom’s new autonomous sanctions regime, gives the United Kingdom the power to diverge from EU sanctions in a number of critical ways. SAMLA will also provide a post-Brexit mechanism for the United Kingdom to satisfy its obligation to impose UN sanctions. During transition, UN and EU sanctions will continue to be implemented in the UK through EU law.
“Court Prohibits Correction of Appraisal Errors.” By Chris McLaughlin, January 15, 2020, UNC School of Government. From the Article: “[T]his Union County case focuses on the issue I raise in the opening hypothetical: may a county change an appraisal in a non-reval year to correct a prior appraisal error?”
“The NC Courts Website as a Research Tool.” Posted by Ellie Campbell, UNC School of Law, Katherine R. Everett Law Library. From the Article: “When the North Carolina court system launched its new website, it streamlined the design and made information about the courts easier to find. The new website includes information targeting public users, but it also includes features that make it an excellent research tool.”
“Fourth Circuit: Non-Disparagement Clause in Police Misconduct Settlement Violates First Amendment.” By Ruthann Robson, July 12, 2019, Constitutional Law Prof Blog. From the Article: “It’s opinion clearly held that ‘the non-disparagement clause in Overbey’s settlement agreement amounts to a waiver of her First Amendment rights and that strong public interests rooted in the First Amendment make it unenforceable and void.'”
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.pngGovernmentandPublicSector2020-01-31 10:00:492020-02-19 16:55:07Weekly Roundup: Interesting Reads for GPS Members
Nahale Kalfas and Johnny Loper recently attended and participated in the Federation of Associations of Regulatory Boards’ (FARB) annual regulatory law seminar in St. Louis, Missouri. Kalfas is NCBA Administrative Law Section Secretary, General Counsel for the NC Board of Examiners for Speech and Language Pathologists and Audiologists, and legal counsel to the Council of State Governments. Loper is a partner with Womble Bond Dickinson. FARB is a not-for-profit corporation formed in 1974 to promote public protection and provide a forum for information exchange for associations of regulatory boards and their affiliate stakeholders.
Kalfas and Loper, along with Arizona Assistant Attorney General Mona Baskin, participated in a panel presentation on “Probation: Sanction Options & Consequences.”
Hello WC Section Members! We hope 2020 is treating you well and you have made it through whatever January challenge you have undertaken (Whole30, Dry January, etc.). The CLE at the Grandover will give you the opportunity to throw all those good intentions by the wayside.
We have received the NCIC Quarterly Update and are sending it out for your enjoyment.
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
UK Sanctions Post-Brexit
International Law & Practice, International PracticeThis article has been republished with permission from Ropes & Gray.
One of the many unanswered questions associated with the United Kingdom’s departure from the European Union on 31 January 2020 is the future use of sanctions as part of the United Kingdom’s foreign policy playbook. From the time of Brexit on 31 January 2020 until 31 December 2020, OFSI has confirmed that the United Kingdom will continue to apply all current EU sanctions. At the end of this period, the United Kingdom will be free to alter the extent to which the EU sanctions program is applicable in the United Kingdom. As discussed further below, while UK and EU officials have said they intend to coordinate as much as possible on sanctions policy, the UK government has provided some indication that it will use Brexit as an opportunity to carve its own path and potentially strengthen its sanctions regime. A related key question will be whether the United Kingdom will align itself to the United States’ or the European Union’s policy on Iran, or adopt its own position.
The Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”), the cornerstone of the United Kingdom’s new autonomous sanctions regime, gives the United Kingdom the power to diverge from EU sanctions in a number of critical ways. SAMLA will also provide a post-Brexit mechanism for the United Kingdom to satisfy its obligation to impose UN sanctions. During transition, UN and EU sanctions will continue to be implemented in the UK through EU law.
Read more
Weekly Roundup: Interesting Reads for GPS Members
Government & Public Sector“Court Prohibits Correction of Appraisal Errors.” By Chris McLaughlin, January 15, 2020, UNC School of Government. From the Article: “[T]his Union County case focuses on the issue I raise in the opening hypothetical: may a county change an appraisal in a non-reval year to correct a prior appraisal error?”
“The NC Courts Website as a Research Tool.” Posted by Ellie Campbell, UNC School of Law, Katherine R. Everett Law Library. From the Article: “When the North Carolina court system launched its new website, it streamlined the design and made information about the courts easier to find. The new website includes information targeting public users, but it also includes features that make it an excellent research tool.”
“Fourth Circuit: Non-Disparagement Clause in Police Misconduct Settlement Violates First Amendment.” By Ruthann Robson, July 12, 2019, Constitutional Law Prof Blog. From the Article: “It’s opinion clearly held that ‘the non-disparagement clause in Overbey’s settlement agreement amounts to a waiver of her First Amendment rights and that strong public interests rooted in the First Amendment make it unenforceable and void.'”
Read more
National Regulatory Board Seminar Covers Sanction Issues and NC Board Case
Administrative LawNahale Kalfas and Johnny Loper recently attended and participated in the Federation of Associations of Regulatory Boards’ (FARB) annual regulatory law seminar in St. Louis, Missouri. Kalfas is NCBA Administrative Law Section Secretary, General Counsel for the NC Board of Examiners for Speech and Language Pathologists and Audiologists, and legal counsel to the Council of State Governments. Loper is a partner with Womble Bond Dickinson. FARB is a not-for-profit corporation formed in 1974 to promote public protection and provide a forum for information exchange for associations of regulatory boards and their affiliate stakeholders.
Kalfas and Loper, along with Arizona Assistant Attorney General Mona Baskin, participated in a panel presentation on “Probation: Sanction Options & Consequences.”
Read more
NCIC Quarterly Update
Workers' Compensation SectionHello WC Section Members! We hope 2020 is treating you well and you have made it through whatever January challenge you have undertaken (Whole30, Dry January, etc.). The CLE at the Grandover will give you the opportunity to throw all those good intentions by the wayside.
We have received the NCIC Quarterly Update and are sending it out for your enjoyment.
NCIC Quarterly Update
We look forward to seeing everyone in Greensboro.
Love,
your Communication Chairs