6 matches for: baxter

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Tuesday, January 5th, 2010

…n the form of compensation, medical expense payments, and attorney’s fees. Baxter won by that 2-to-1 vote. But of the two members who voted in Baxter’s favor, one was a holdover. His term had expired in 2004 and the Governor had never gotten around to making a replacement appointment. Hadn’t gotten around to it, that is, until the very day, February 2, that the panel signed the order in Baxter’s favor. That day, the Governor signed a document appo…

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Wednesday, March 17th, 2010

…An apparent constitutional difference in filling vacancies to appointed and to elected offices—a difference that raised some puzzling questions—did not faze the North Carolina Supreme Court in its ruling March 12, 2010, in the case of…

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Friday, January 27th, 2017

…, Section 7 and G.S. 11-7 by taking and subscribing the statutory oath. In Baxter v. Nicholson, 363 N.C. 829 (2010), the North Carolina Supreme Court held that a member of the Industrial Commission retains his or her position until an appointed successor takes and subscribes the oath of office. Although the case did not squarely present the question of whether an incoming officeholder may substitute the statutory oath for the constitutional oath o…

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Monday, April 13th, 2015

…constitute consideration under the Exclusive Emoluments clause. Brumley v. Baxter, 251 N.C. 691, 700 (1945). But there was a problem with the conveyance, and in the end, the court ruled against the city, invalidating the deed. The problem with the deed in Brumley was that it did not restrict the use of the property to service for veterans. In fact, the deed provided that “in the event the grantee determines the public purpose has failed, or the re…

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Thursday, April 3rd, 2014

…ublic use is a constitutionally adequate form of consideration. Brumley v. Baxter, 225 N.C. 691, 36 S.E.2d 281 (1945). [4] The authority to donate personal property under G.S. 160A-280 is not restricted to cities and counties; however, local school boards are constitutionally restricted from donating property. See, Boney v. Board of Trustees, 229 N.C. 136, 48 S.E.2d 56 (1948). [5] A “sister-city” is a city in another county that has entered into a…

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Thursday, January 16th, 2020

…l Constraints, in which Professor Bluestein describes the case, Brumley v. Baxter, 225 N.C. 691 (1945), which found a violation of the constitution’s gift clause where property was granted to a charitable entity without ensuring the property would be returned to the municipality once the property ceased to be used for the original public purpose. [3] John Martinez, 3 Local Government Law § 16:19, at 16-53 (2d ed. 2017) [4] Osborne M. Reynolds, Jr….