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In re Appeal of and Petition for Judicial Review

Filed: April 6, 1982.

IN RE APPEAL OF AND PETITION FOR JUDICIAL REVIEW BY C. DAVID BROWN, WENDELL HEDDEN, AND GENE MILLER, FOR THEMSELVES AND THE CITIZENS OPPOSED TO OFF-PREMISES SALE OF BEER IN ANDREWS, NORTH CAROLINA, OF THE DECISION OF THE NORTH CAROLINA STATE BOARD OF ELECTIONS, DATED AUG. 14, 1980, PERTAINING TO THE PROTEST OF THE ELECTION FOR OFF-PREMISES SALE OF BEER IN THE TOWN OF ANDREWS, NORTH CAROLINA, ON FEBRUARY 23, 1980


Appeal by petitioners from Bailey, Judge. Judgment entered 26 March 1981 in Superior Court, Wake County. Heard in the Court of Appeals 3 March 1982.

Wells, Judge. Judges Hill and Becton concur.

Wells

The standard and scope of judicial review of an order of the State Board of Elections is found in the provisions of Chapter 150A of the General Statutes, the Administrative Procedure Act. G.S. 150A-51 provides:

ยง 150A-51. Scope of review; power of court in disposing of case. -- The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the agency findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional provisions; or

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

(3) Made upon unlawful procedure; or

(4) Affected by other error of law; or

(5) Unsupport by substantial evidence admissible under G.S. 150A-29(a) or G.S. 150A-30 in view of the entire record as submitted; or

(6) Arbitrary or capricious.

If the court reverses or modifies the decision of the agency, the judge shall set out in writing, which writing shall become a part of the record, the reasons for such ...


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