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Agenda - 09-14-1993 - No Item Number
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Agenda - 09-14-1993 - No Item Number
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2/6/2017 3:51:07 PM
Creation date
2/6/2017 3:23:41 PM
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BOCC
Date
9/14/1993
Meeting Type
Special Meeting
Document Type
Agenda
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housing practice occurred . <br /> ARTICLE IX Judicial Review <br /> (a) Judicial review of the final decision of the Commission <br /> shall be in accordance with the provisions provided for judicial <br /> review of agency decisions as set forth in Article 4 , §1503 of the <br /> North Carolina General Statutes . <br /> (b) In reviewing the final decision of the Commission, the <br /> court may affirm the decision or remand the case for further <br /> proceedings . It may also reverse or modify the final decision of <br /> the Commission if the substantial rights of the petitioner may have <br /> been prejudiced because the Commission' s findings, inferences, <br /> conclusions, or decisions are <br /> 1 . In violation of constitutional provisions ; <br /> 2 . In excess of the statutory authority or jurisdiction <br /> of the agency; <br /> 3 . Made upon unlawful procedure; <br /> 4 . Affected by other error of law; <br /> 5 . Unsupported by substantial evidence; or <br /> 6 . Arbitrary or capricious . <br /> (g) The court in a review proceeding may: <br /> 1 . Affirm, modify, or reverse the Commission' s decision; <br /> 2 . Remand the case to the Commission for further proceedings ; <br /> 3 . Grant to any party such temporary relief, restraining <br /> order, or other order as it deems appropriate; or <br /> 4 . Issue an order to enforce the Commission' s decision to the <br /> extent that the decision is affirmed or modified. <br /> (c) A party to a review proceeding in Superior Court may <br /> appeal to the appellate division from the final judgment of the <br /> Superior Court as provided in G . S . 7A-27 . Pending the outcome of <br /> an appeal, an appealing party may apply to the court that issued <br /> the judgment under appeal for a stay of that judgment or a stay of <br /> 50 <br />
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