General Motors Corp. v. Carolina Truck & Body Co.

Court of Appeals of North Carolina

General Motors Corp. v. Carolina Truck & Body Co.

402 S.E.2d 139, 102 N.C. App. 349, 1991 N.C. App. LEXIS 292

CourtCourt of Appeals of North Carolina

DecidedMarch 19, 1991

DocketNo. 9010SC692

StatusPublished

Cited by1 cases

This text of 402 S.E.2d 139 (General Motors Corp. v. Carolina Truck & Body Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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General Motors Corp. v. Carolina Truck & Body Co., 402 S.E.2d 139, 102 N.C. App. 349, 1991 N.C. App. LEXIS 292 (N.C. Ct. App. 1991).

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Opinion

WELLS, Judge.

The decision of the Motor Vehicles Commissioner on the termination of a franchise is reviewable pursuant to Chapter 150B of the General Statutes. N.C. Gen. Stat. § 20-305(6). N.C. Gen. Stat. § 150B-43 provides that “any person who is aggrieved” may petition for judicial review of a final agency decision. A “person aggrieved” is any person or group of persons whose rights have been adversely affected. Matter of Wheeler, 85 N.C. App. 150, 354 S.E.2d 374 (1987).

We can think of no way in which petitioner’s rights were adversely affected by the agency decision. It won its case. We have considered petitioner’s claim that it was attempting to preserve a cross-assignment of error but note that the Commissioner’s decision in petitioner’s favor was upheld both in the trial court and by this Court. Petitioner is not a party aggrieved. This appeal is therefore

Dismissed.

Chief Judge HEDRICK and Judge ORR concur.

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