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| Treadaway v. Niebauer, NO. COA05-109,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Walton v. N.C. State Treasurer, Ret. Sys. Div., NO. COA05-546,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Where a retirement system board failed to render a final decision regarding whether a payment made to a retired employee should be used in computing his average final compensation for retirement purposes within 60 days as required by N.C. Gen. Stat. § 150B-44, an ALJ's decision regarding the payment was the final decision in the matter.
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| Watson v. Snead, NO. COA05-813,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Whittaker v. Todd, NO. COA05-361,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Homeowner's action against contractor for monetary damages for defective installation and workmanship of a porch roof was barred by statute of repose, N.C. Gen. Stat. § 1-50(a)(5)a, because it was not brought within six years of substantial completion of the improvement; owner filed a complaint for monetary damages only, not for breach of warranty.
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| Willett v. Chatham County Bd. of Educ., NO. COA05-607,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: N.C. Gen. Stat. § 115C-47(4) (2005) granted local boards of education exclusive authority to control interscholastic athletic program for public schools, which rendered this function governmental. Despite charging admission to basketball games, school board retained immunity from claim brought by person injured in a gymnasium during a game.
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| Woodlief v. Mecklenburg County, NO. COA05-564,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: A trial court did not err in granting summary judgment to various local government agencies and a permit applicant with regard to allowing a residential subdivision within a flood zone since no error of law was committed in the finding that the proposed development did not constitute an impermissible encroachment or was not permitted by right.
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