North Carolina Business Litigation Report

Wilson Realty & Construction, Inc. v. Asheboro-Randolph Board of Realtors, Inc., 1997 NCBC 1 (N.C. Super. Ct. Sept. 30, 1997)(Tennille), aff'd in part, rev'd in part, and remanded, 134 N.C.App. 468, 518 S.E.2d 28 (1999)

This case involved the Business Court's review of the disciplinary procedures of a voluntary membership organization (the Asheboro-Randolph Realtors Association). The Court found that some procedural due process was necessary before a member could be expelled (relying on precedent of the North Carolina Court of Appeals), and determined that plaintiff had been given fundamental due process, that the decision of the Association was substantively rational, and that plaintiff had no evidence that the members of the Association had engaged in a conspiracy.

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Mack Sperling
Brooks Pierce, LLP
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