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In re Appeal of F. L. Odom

Filed: March 16, 1982.

IN THE MATTER OF: THE APPEAL OF F. L. ODOM, JR. FROM THE FINAL DECISION OF THE PROPERTY TAX COMMISSION, CONCERNING VALUATION OF HIS RETAIL STORE, 239 E. MAIN ST., AHOSKIE, N.C.


Appeal by petitioner from Final Decision of the North Carolina Property Tax Commission entered 26 February 1981. Heard in the Court of Appeals 5 February 1982.

Clark, Judge. Judges Arnold and Whichard concur.

Clark

In reviewing decisions of the North Carolina Property Tax Commission, a state administrative agency, we must determine whether the evidence presented to the Commission supported its conclusions.

The scope of appellate review is defined by G.S. 105-345.2, which provides in part as follows:

"(b) . . . The court may affirm or reverse the decision of the Commission, declare the same null and void, or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the appellants have been prejudiced because the Commission's findings, inferences, conclusions or decisions are:

(1) In violation of constitutional provisions; or

(2) In excess of statutory authority or jurisdiction of the Commission; or

(3) Made upon unlawful proceedings; or

(4) Affected by other errors of law; or

(5) Unsupported by competent, material and substantial evidence in view of the entire record as submitted; or

(6) Arbitrary or capricious.

(c) In making the foregoing determinations, the court shall review the whole record or such portions thereof as may be cited by any party and due account shall be ...


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