JAMES v. HUNT

No. 7826SC930.

258 S.E.2d 481 (1979)

43 N.C. App. 109

Henry JAMES, Jr. v. James B. HUNT, Jr.

Court of Appeals of North Carolina.

October 2, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas F. Moffitt, Raleigh, for defendant-appellee.

James, McElroy & Diehl by William K. Diehl, Jr. and Allen J. Peterson, Charlotte, for plaintiff-appellant.


MORRIS, Chief Judge.

The trial judge held that until the defendant has made his final decision after a hearing on the merits, no justiciable "case or controversy" exists and that, therefore, the case is not "ripe" for judicial scrutiny at this time. We disagree. Plaintiff's complaint raises two questions: Whether the Administrative Procedure Act (G.S. 150A-1 et seq.) is applicable and must be followed in the removal proceedings initiated by defendant and whether...

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