Appellate Court Opinions

standing; zoning; action for declaratory judgment; trial court did not err in dismissing complaint for lack of standing where adjacent landowner only supported his allegations of standing with owner's opinion evidence of diminution in value and allegations did not allege how his property was affected by rezoning distinct from the community

Subject Matter Jurisdiction, State Health Plan, Denial of Coverage, External Review Organization, Appeal to Industrial Commission, Sovereign Immunity

motor vehicle lien; legal possessor; N.C.G.S. 44A

trusts and estates; North Carolina Uniform Trust Code; trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability; claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them

findings supported that DSS made reasonable efforts at preventing placement; findings supported that visitation was not in the juveniles' best interest; trial court erred in failing to inform parent of right to a review of visitation plan

sex offender registration; reportable convictions; whether two offenses are substantially similar; N.C. Gen. Stat. § 14 208.6(4)(b)

interlocutory appeal; motion to dismiss appeal; petition for writ of certiorari; facial or as-applied challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement

Motor Vehicle Safety and Financial Responsibility Act; multiple tortfeasors in collision between motorcycle and car, one underinsured and one uninsured; victim covered by two uninsured policies and one combined uninsured/underinsured policy; summary judgment in favor of insurance carrier; carrier not obligated to pay beyond combined limit of policy; carrier not entitled to a credit against its uninsured policy for payment from tortfeasor's liability coverage; bad faith refusal to settle and unfair trade practices

felonious possession of stolen goods and felony eluding arrest with a motor vehicle; trial court reserved ruling on motion to dismiss and allowed State to recall witness; no judicial partiality; no impropriety in prosecutor's closing argument

sex-offender registration; N.C. Gen. Stat. 14-208.12A(a); equal protection; residency; termination petition

Felony murder; unpreserved juror challenge; motion to suppress custodial, noncustodial statements; jury instruction on lesser-included offense, second-degree murder; superior court transfer hearing.

Whether the trial court considered matters outside the pleading and thus converted a Rule 12(b)(6) motion to dismiss to a Rule 56 motion for summary judgment.

Whether, under common law agency tenets, a principal in a joint real estate development venture is imputed with the knowledge of a co-principal's intent to defraud creditors by way of an insider conveyance of real estate property that is the subject of a lawsuit filed by the co-principal's creditor.

Whether the Court of Appeals erred in applying a de novo standard of review in reviewing findings of the Industrial Commission under the timely-filing requirement of N.C.G.S. 97-24 and reversing the Commission's dismissal of plaintiff's claim on that basis.

Appeal from order terminating respondent's parental rights; termination of respondent's parental rights pursuant to N.C.G.S. 7B-1111(a)(1); neglect.

Termination of parental rights; adjudication of ground for termination of willful abandonment pursuant to N.C.G.S. 7B-1111(a)(7).

Termination of parental rights; adjudication of ground for termination based on neglect under N.C.G.S. 7B-1111(a)(1).

Whether the trial court's factual findings supported its legal conclusion that respondent-mother had acted inconsistently with her constitutionally protected status as a parent by ceding custody of her minor children to their paternal grandmother and whether the trial court appropriately applied the 'best interests of the child' standard in awarding guardianship to the paternal grandmother.