Chief Superior Court Judge James H. Pou Bailey informed lawyers
- "Justice under the law is like buying a suit off the rack.
It doesn't fit anybody perfectly, but it fits a lot of people
fairly well."
Sometimes, an unpublished opinion contains informative
illustrations. Although it is not controlling legal authority and
citation to it is disfavored, an unpublished opinion provides
typical examples – how the already-made suit of justice under
the law fits a situation.
In our last blog post, we discussed Cherry v. Wiesner,
a published North Carolina Court of Appeal's opinion. In
Cherry, the North Carolina Court of Appeals affirmed
dismissal of an appeal brought by a neighbor living across the
street from the alleged misapplication of historic district rules
because she failed to allege standing. In that blog post, we
suggested that a newly-made limited suit for standing
might be appropriate for property located in historic
districts because historic district zoning
