A few weeks ago, one of my colleagues blogged on the topic of unpublished opinions in the North Carolina Court of Appeals.  The Maryland Appellate Blog released an interesting post today about the same phenomenon  in the Fourth Circuit.  The Maryland blog discusses the Fourth Circuit’s somewhat unusual practice of issuing unpublished opinions in cases where one of the judges dissents.  … Continue Reading

As a good year-end reminder for practitioners, on New Year’s Eve the North Carolina Court of Appeals published an opinion in MYC Klepper/Brandon Knolls L.L.C. v. Bd. of Adjustment highlighting the lack of precedential value of unpublished opinions.  In Klepper the appellee argued that the Buncombe County Superior Court should have dismissed appellant’s petition for writ of certiorari seeking review of a decision by the City of Asheville Board of Adjustment’s for lack of subject matter jurisdiction. Continue Reading