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Resort Realty of the Outer Banks, Inc. v. Brandt

Citations: 595 S.E.2d 154; 358 N.C. 236; 2004 N.C. LEXIS 226Docket: No. 128P04.

Court: Supreme Court of North Carolina; April 1, 2004; North Carolina; State Supreme Court

Narrative Opinion Summary

The notice of appeal filed by the Defendants on March 19, 2004, in the North Carolina Court of Appeals, citing a substantial constitutional question under G.S. 7A-30, has been dismissed by the Court on April 1, 2004. Additionally, the Defendants' petition for discretionary review of the Court of Appeals' decision, filed on the same date, was denied by the Court in conference on April 1, 2004, as certified to the North Carolina Court of Appeals.

Legal Issues Addressed

Denial of Petition for Discretionary Review

Application: The Defendants' petition for discretionary review of the Court of Appeals' decision was not granted, demonstrating the court's exercise of discretion in choosing not to review the case further.

Reasoning: Additionally, the Defendants' petition for discretionary review of the Court of Appeals' decision, filed on the same date, was denied by the Court in conference on April 1, 2004, as certified to the North Carolina Court of Appeals.

Dismissal of Appeal for Lack of Substantial Constitutional Question

Application: The court dismissed the Defendants' notice of appeal, indicating no substantial constitutional question was present to warrant further review.

Reasoning: The notice of appeal filed by the Defendants on March 19, 2004, in the North Carolina Court of Appeals, citing a substantial constitutional question under G.S. 7A-30, has been dismissed by the Court on April 1, 2004.