In re In re Helen Mae Case Cooper Walls House

Supreme Court of North Carolina

In re In re Helen Mae Case Cooper Walls House

813 S.E.2d 230

CourtSupreme Court of North Carolina

DecidedSeptember 26, 2017

DocketNos. 101P16; 146P16; 147P16; 177P16; 178P16

StatusPublished

This text of 813 S.E.2d 230 (In re In re Helen Mae Case Cooper Walls House) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re In re Helen Mae Case Cooper Walls House, 813 S.E.2d 230 (N.C. 2017).

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Opinion

The petitions for discretionary review filed in cases 146P16, 147P16, 177P16, and 178P16 are allowed for the limited purpose of reversing the Court of Appeals' dismissal of claimants' constitutional claims. These cases are remanded to the Court of Appeals for expedited consideration of the constitutional claims on the merits. See In re Redmond , 369 N.C. 490, 797 S.E.2d 275, 280 (2017) ("When an appeal lies directly to the Appellate Division from an administrative tribunal, ... a constitutional challenge may be raised for the first time in the Appellate Division as it is the first destination for the dispute in the General Court of Justice.").

To prevent manifest injustice, the petition for discretionary review filed in case 101P16 is allowed for the limited purpose of remanding the case to the Court of Appeals for expedited consideration of claimant's constitutional claim on the merits.

*206By order of the Court in Conference, this the 26^th day of September, 2017.

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The petitions for discretionary review filed in cases 146P16, 147P16, 177P16, and 178P16 are allowed for the limited purpose of reversing the Court of Appeals' dismissal of claimants' constitutional claims. These cases are remanded to the Court of Appeals for expedited consideration of the constitutional claims on the merits. See In re Redmond , 369 N.C. 490, 797 S.E.2d 275, 280 (2017) ("When an appeal lies directly to the Appellate Division from an administrative tribunal, ... a constitutional challenge may be raised for the first time in the Appellate Division as it is the first destination for the dispute in the General Court of Justice.").

To prevent manifest injustice, the petition for discretionary review filed in case 101P16 is allowed for the limited purpose of remanding the case to the Court of Appeals for expedited consideration of claimant's constitutional claim on the merits.

*206By order of the Court in Conference, this the 26^th day of September, 2017.

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Bluebook (online)

813 S.E.2d 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-in-re-helen-mae-case-cooper-walls-house-nc-2017.

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