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Tuesday, 20 April 2010 10:21 |
In a 3-0 decision handed down on April 20, 2010, the NC Court of Appeals dismissed one of the three cases pending before the NC Court of Appeals regarding the 2008 homeowners insurance rate increases. This decision refers to case 09-701 which was heard by the Court of Appeals on January 14, 2010 by judges Calabria, Geer and Stephens. This challenge was a direct appeal to the Court of Appeals filed in late 2008 by Dare County, et al.
The Ruling States the Following: By its plain language, N.C. Gen. Stat. § 58-2-80 does not apply to the Consent Order. Since a direct appeal of the Consent Order to this Court is not authorized by statute, this Court lacks subject matter jurisdiction to hear this appeal. The instant case must be dismissed.
Click below to read the Opinion
http://www.aoc.state.nc.us/www/public/coa/opinions/2010/pdf/090701-1.pdf
Effectively, the Court has decided that the Coastal Counties, coastal citizens and other impacted parties do not have the ability to make a direct appeal to the Court of Appeals for a rate decision by the Department of Insurance and the Rate Bureau. Since this route is not authorized by statute, the Court does not have the jurisdiction to hear this appeal. This is an unfortunate decision, but the remaining legal challenges heard last week remain in play.
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Tuesday, 20 April 2010 09:58 |
Gov. Bev. Perdue proposed a $19 billion state budget today that cuts nearly $1 billion in spending by eliminating an estimated 600 jobs, which are mostly vacant positions. At the same time Gov. Perdue's budget plans to cutt spending 5 to 7 percent for departments outside of education. With the legislature convening on May 12th both the House and the Senate will take their turns at crafting a budget as well. For a more in depth look at Gov. Perdue's budget click here .
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Tuesday, 06 April 2010 07:50 |
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LEGAL ISSUES ASSOCIATED WITH GREEN DESIGN AND CONSTRUCTION PROJECTS
In concert with K&L Gates, the Wilmington-Cape Fear Home Builders Association is hosting an informative seminar on Green Construction Issues aimed at developers, contractors, building owners, architects, engineers, and suppliers with innovative green products on April 13th from 11:30 am till 1:00 pm at the UNCW Madeline Suite. With the number of LEED, NAHB Green and EnergyStar projects built and planned for our community, it is critical that all parties understand the changing roles, risks and relationships that are present with these green endeavors.
Leading the course will be Eric Braun and Stanford Baird, attorneys with the K&L Gates office in Raleigh. Mr. Braun and Mr. Baird, both LEED Accredited Professionals, will cover topics including:
- The risks and legal aspects involved with green projects and certifications
- The downsides to not meeting certain levels of certifications
- Risks to all parties to the construction contract
- Down-the-road requirements and liabilities
- Proactive strategies to address the issues
COST: WCFHBA Members $25
Non-members $35
To register, call Leigh Lewis at (910) 799-2611
SPONSORED BY PROGRESS ENERGY
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