Constitutional Cases
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Constitutional

North CarolinaCivil RightsConstitutionalParental Rights
North Carolina Court of Appeals
Uncategorized

Happel v. Guilford Cnty. Bd. of Educ. — Private Medical Society Sufficiently Alleged as State Actor for Corum Claim After Unwanted COVID Vaccine

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A divided North Carolina Court of Appeals held on remand that a private medical society that administered a COVID-19 vaccine to a fourteen-year-old over his objection and without parental consent was sufficiently alleged to be a state actor for a Corum constitutional claim, and that the PREP Act’s complete bar on tort remedies itself satisfies the “no adequate state remedy” element required to bring a direct claim under the North Carolina Constitution.

PennsylvaniaAdministrative LawConstitutionalReal Estate
Commonwealth Court of Pennsylvania
Uncategorized

Misingwa Land Trust v. Beaver County — Commonwealth Court Vacates Denial of Tax Exemption for Land Conservation Trust

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The Commonwealth Court of Pennsylvania vacated a Beaver County trial court’s denial of a real estate tax exemption for a land conservation trust, holding that the trial court misapplied the HUP purely-public-charity test by merging the “charitable purpose” and “indefinite public benefit” factors, improperly requiring evidence of significant public visitation, and ignoring the Environmental Rights Amendment and the Charitable Purposes Act in the charitable-purpose analysis.

North CarolinaAdministrative LawConstitutionalEmployment
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

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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 CarolinaCivil RightsConstitutionalParental Rights
North Carolina Court of Appeals
Uncategorized

Happel v. Guilford County Board of Education — State Constitutional Claims Over Unconsented COVID Vaccine Survive PREP Act; Medical Non-Profit Adequately Alleged as State Actor

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On remand from the North Carolina Supreme Court, the Court of Appeals held that Plaintiffs’ state constitutional claims arising from an unconsented COVID-19 vaccination administered to a minor at a school-based clinic may proceed: the private medical non-profit operating the clinic was adequately alleged to be a state actor under a joint-engagement theory, and the PREP Act’s immunity over tort claims leaves no adequate state remedy, satisfying all elements of a Corum claim.

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