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Amward Homes, Inc. v. Town of Cary

Citations: 709 S.E.2d 597; 365 N.C. 210Docket: 390PA10

Court: Supreme Court of North Carolina; June 15, 2011; North Carolina; State Supreme Court

Narrative Opinion Summary

A discretionary review petition filed by the Town of Cary regarding a decision from the North Carolina Court of Appeals was considered, leading to an order certified to the Court of Appeals. The Supreme Court of North Carolina allowed the petition on June 15, 2011, and the case is now officially docketed. The parties involved are required to submit their briefs according to the timelines and guidelines set forth in Appellate Rule 15(g)(2). Additionally, the Town of Cary must submit an appeal bond of $250, either in cash or as a written undertaking with adequate surety, as specified in Appellate Rule 17(b). Justice Jackson recused himself from the case.

Legal Issues Addressed

Appeal Bond Requirement

Application: The Town of Cary is mandated to submit an appeal bond in the amount of $250, either in cash or with surety, in compliance with the appellate rules.

Reasoning: Additionally, the Town of Cary must submit an appeal bond of $250, either in cash or as a written undertaking with adequate surety, as specified in Appellate Rule 17(b).

Discretionary Review by Supreme Court

Application: The Supreme Court of North Carolina exercised its discretion to review a decision from the North Carolina Court of Appeals, which led to the case being docketed for further consideration.

Reasoning: The Supreme Court of North Carolina allowed the petition on June 15, 2011, and the case is now officially docketed.

Recusal of Justice

Application: Justice Jackson recused himself from participating in the case, indicating a voluntary withdrawal due to potential conflicts of interest or impartiality concerns.

Reasoning: Justice Jackson recused himself from the case.

Submission of Briefs under Appellate Procedure

Application: The parties involved in the case are required to adhere to the timelines and guidelines for submitting briefs as outlined in the appellate rules.

Reasoning: The parties involved are required to submit their briefs according to the timelines and guidelines set forth in Appellate Rule 15(g)(2).