Administrative Law

North Carolina Administrative Law Constitutional Employment

North Carolina Court of Appeals

Uncategorized

Lemaster v. NC Department of State Treasurer — OAH Lacks Jurisdiction to Rule on Constitutional Challenge to TSERS Service-Repurchase Statute

/ June 19, 2026

The North Carolina Court of Appeals held that the OAH lacks subject-matter jurisdiction over a TSERS member’s claim that the 2021 repeal of N.C.G.S. § 135-4(k)—which capped service-credit repurchases at five years—unconstitutionally impaired his vested contractual pension rights, because constitutionality questions are reserved for the judicial branch and fall outside the OAH’s statutory grant of authority.

North Carolina Administrative Law Evidence Municipal Law

North Carolina Court of Appeals

Uncategorized

Hall v. Henderson County — Board of Adjustment Properly Permitted Addiction-Recovery Facility as Assisted Living Residence; Quasi-Judicial Body Not Bound by Rules of Evidence

/ June 9, 2026

The North Carolina Court of Appeals reversed the superior court and reinstated Henderson County’s grant of a special use permit for a residential addiction-recovery facility, holding that the Board of Adjustment properly classified the facility as an Assisted Living Residence because the county code’s use table enumerated ALR but not Mental Health Facility, and clarifying that a quasi-judicial body’s evidentiary rulings are reviewed for due process violation (on exclusion) or competent-evidence support (on admission)—not as errors of law under the Rules of Evidence.