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Kyle Ray Wilson, Michael A. Thompson, Quinten Johnson Whiteside, Wright, Lindsey & Jennings LLP, Little Rock, AR, for Defendant Central Transport, LLC.
Guy Alton Wade, Phillip M. Brick, Jr., Friday Eldredge Clark LLP, Little Rock, AR, for Defendant Elmer Enrique Ventura.
*1 Before the Court is Defendant Elmer Enrique Ventura’s Motion to Exclude Dr. Kamal Kabakibou. ECF No. 104. Plaintiff Marqchello Jordan has filed a response. ECF No. 111. The Court finds the matter ripe for consideration.
At trial, Plaintiff intends to offer the expert testimony of Dr. Kamal Kabakibou regarding the cause of Jordan’s injuries. Dr. Kamal Kabakibou is Jordan’s treating physician. Ventura asserts that Dr. Kabakibou’s opinion that the accident caused Jordan’s injuries should be excluded because it is premised solely on the correlation between the onset of Plaintiff’s subjective complaints of pain and the accident. Jordan responds that Dr. Kabakibou has applied routine and accepted medical practices to draw a conclusion as to the cause of Plaintiff’s injuries.
First, evidence based on scientific, technical, or other specialized knowledge must be useful to the finder of fact in deciding the ultimate issue of fact. This is the basic rule of relevancy. Second, the proposed witness must be qualified to assist the finder of fact. Third, the proposed evidence must be reliable or trustworthy in an evidentiary sense, so that, if the finder of fact accepts it as true, it provides the assistance the finder of fact requires.
Lauzon v. Senco Prods., Inc., 270 F.3d 681, 686 (8th Cir. 2001) (internal citations and quotations omitted). Rule 702 articulates three criteria for courts to use in judging the reliability of an expert’s opinion: (1) “the testimony is based on sufficient facts or data;” (2) “the testimony is the product of reliable principles and methods;” and (3) “the expert has reliably applied the principles and methods to the facts of the case.” Fed. R. Evid. 702(b)-(d). In Daubert, the United States Supreme Court emphasized the district court’s gatekeeper role when screening expert testimony for relevance and reliability. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 591-93 (1993).
When assessing the reliability of expert testimony, Daubert suggests that the Court consider the following non-exhaustive factors: (1) whether the concept can and has been tested; (2) whether the concept has been subject to peer review; (3) what the known rate of error is; and (4) whether the concept is generally accepted by the relevant scientific community. Pestel v. Vermeer Mfg. Co., 64 F.3d 382, 384 (8th Cir. 1995). The inquiry as to the reliability and relevance of the testimony is a flexible one designed to “make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.” Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 (1999).
*2 Expert testimony is inadmissible only if it is speculative, unsupported by sufficient facts, or contrary to the facts of the case. Concord Boat Corp. v. Brunswick Corp., 207 F.3d 1039, 1056-57 (8th Cir. 2000). When analyzing an expert’s testimony, the court must focus on the principles and methodology employed by the expert, and not on the conclusions generated by the expert. Daubert, 509 U.S. at 594. “Courts should resolve doubts regarding the usefulness of an expert’s testimony in favor of admissibility.” Marmo v. Tyson Fresh Meats, Inc., 457 F.3d 748, 758 (8th Cir. 2006); see also Polski v. Quigley Corp., 538 F.3d 836, 838 (8th Cir. 2008) (“Rule 702 reflects an attempt to liberalize the rules governing the admission of expert testimony. The rule clearly is one of admissibility rather than exclusion.”). “Only if the expert’s opinion is so fundamentally unsupported that it can offer no assistance to the jury must such testimony be excluded.” Bonner v. ISP Techs, Inc., 259 F.3d 924, 929-30 (8th Cir. 2001).
Dr. Kabakibou’s expert testimony meets the first two requirements of Rule 702. First, the testimony is relevant and can assist the jury in making a determination regarding Jordan’s injuries. Second, the Court finds that, based on his expertise and experience, Dr. Kabakibou is qualified to assist the finder of fact in making this determination.
Ventura’s primary argument is that Dr. Kabakibou’s opinion does not satisfy the third requirement under Rule 702 because it is not reliable or trustworthy. Specifically, Ventura argues that Dr. Kabakibou’s opinions are unreliable because they are premised solely on the correlation between the accident and the onset of Jordan’s complaints of pain. Ventura asserts that Dr. Kabakibou’s causation testimony is based on an impermissible post hoc ergo propter hoc argument—an argument in which one event is asserted to be the cause of a later event simply by virtue of having happened earlier, with nothing more to support it. Ventura characterizes Dr. Kabakibou’s causation opinion as follows: because the accident occurred before Jordan’s subjective complaints of back pain, the accident must have caused the pain. Ventura argues that Dr. Kabakibou has not demonstrated the scientific analysis used to arrive at this conclusion.
At his deposition, during questioning by defense counsel, Dr. Kabakibou, testified that he based his causation opinion “mainly” on Jordan’s medical history. ECF No. 104-1, pp. 6-7. Dr. Kabakibou explained that because Jordan’s back problems started immediately after the accident and Jordan had no history of back problems before the accident, the cause of Jordan’s back problems is logically related to the accident. ECF No. 104-1, p. 10. When asked by defense counsel whether the correlation between the onset of Jordan’s condition and the occurrence of the accident was the entirety of the basis of his causation opinion, Dr. Kabakibou replied that it was. ECF No. 104-1, pp. 9-10. However, Dr. Kabakibou also testified during the deposition that he relied on patient history, imaging studies, medical records from another treating physician, and a physical examination in formulating his causation opinion. ECF No. 111-3, pp. 3-5. Dr. Kabakibou further explained in an affidavit that he relied on these items to conduct a “differential diagnosis,” meaning he considered all likely scientific causes of Jordan’s injuries and pain complaints and eliminated the least likely causes until the most likely one remained. ECF No. 111-1. Dr. Kabakibou has twenty years of experience treating patients with traumatic injuries and stated that Jordan’s reported spinal injuries were consistent with other patients he treated who had suffered spinal trauma. ECF No. 111-3, pp. 23-24. Thus, it appears from the sum of the deposition testimony that Dr. Kabakibou considered more than just the temporal relationship between the accident and the onset of Jordan’s pain.
*3 Upon consideration, the Court cannot find that Dr. Kabakibou’s methodology is invalid or unreliable or that his expert opinion is speculative, unsupported by sufficient facts, or contrary to the facts of the case. Dr. Kabakibou explained that, in coming to his conclusion, he relied on Jordan’s medical history, imaging studies, medical records from another treating physician, and a physical examination, all of which he used to conduct a differential diagnosis. The Eighth Circuit has held that “a medical opinion about causation, based upon a proper differential diagnosis, is sufficiently reliable to satisfy Daubert.” Kudabeck v. Kroger Co., 338 F.3d 856, 861 (8th Cir. 2003). Ventura’s arguments attack the credibility and weight that Dr. Kabakibou’s testimony and opinions should be given, but Ventura has failed to demonstrate that Dr. Kabakibou’s opinions were reached in an unreliable manner or that his opinions are untrustworthy. Accordingly, the Court finds that Ventura’s motion (ECF No. 104) should be and hereby is DENIED.
IT IS SO ORDERED, this 5th day of March, 2019.

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(a) Trees are an essential natural resource, an invaluable economic resource, and a priceless aesthetic resource. Trees play a critical role in purifying air and water, providing wildlife habitat, managing the natural drainage of storm water and controlling sediment erosion. They also help conserve energy by providing ambient cooling and mitigating the effects of externalities such as noise and glare. Trees promote commerce and tourism by buffering different land uses and beautifying the landscape, which protects and enhances property values.
(b) Trees enhance the Town of McClellanville’s quality of life as a sacred and inseparable part of its historical legacy. Consequently, McClellanville intends to exercise its authority under SC Code §6-29-720 to enhance the health, safety and welfare of its citizens with comprehensive regulations designed to conserve and protect trees. Specifically these provisions seek to maximize the functional benefits of trees by maintaining the Town’s existing tree canopy cover, while maintaining and improving community character. The standards contained herein are further intended to provide direction and support for the management of trees, on public and private land, within the Town of McClellanville.
The provisions of this chapter in their entirety shall apply to activities conducted on all real property, public or private, within the Town of McClellanville, with the exception of commercial timber harvesting and bona fide agricultural operations with agricultural land use classification assignments by the Charleston County tax assessor.
The Zoning Administrator or his/her designee shall be responsible for the administration of all provisions of this Article and for public tree management. The Zoning Administrator shall be assisted in his/her administration of these regulations by Town Staff and/or a designated representative of the Tree Committee appointed in accord with the provisions of Section 12.5 of this Ordinance.
(a) Certified Arborist. An individual who has passed the International Society of Arboriculture’s Certified Arborist examination, is designated as a Certified Arborist by said organization, and maintains such designation through attending at least 30 hours of qualifying continuing education within each three-year certification period.
(b) Historic Trees. Trees found to be “contributing” to the current National Register Historic District. The Scotia Street Oak Trees and the Baker Street Oak Trees are found as “contributing” to the Town’s current National Register Historic District for their symbolism of the town’s cultural and economic heritage. The trees along Oak and Pinckney Streets are also deemed to be of historic value to the community’s character. Historic Trees shall also be categorized as Grand Trees under the provisions of this ordinance.
(c) Grand Trees. All trees,having a circumference equal to or greater than 76 inches (CBH) or 24 inches (DBH) as measured at 4.5 feet above ground level.
(d) Significant Trees. Trees, excluding pines, having a circumference equal to or greater than 25 inches (CBH) or 8 inches (DBH) as measured at 4.5 feet above ground level.
(e) Public Trees. All trees growing on property within the Town of McClellanville owned or maintained by the Town including, but not limited to,those located within street rights-of-ways and parks.
(f) Tree Removal/Damage. Tree Removal/Damage includes actual tree removal and/or damage intentionally inflicted to the root system of a tree; by application of toxic substances; damage due to land disturbance activities; e.g. by machinery, girdling, storage of materials and soil compaction, changing the natural grade above or below the root system or around the trunk; by damage inflicted on the tree permitting fungus infection or pest infestation; by excessive pruning, thinning, topping or limbing up; and by paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree; or any act of malicious damage to a tree.
(g) Topping. The reduction of the crown of a tree to a uniform height. Removal of more than one-third (1/3) of the crown of a tree shall be considered excessive.
(h) Limbing up. The removal of low branches of a tree for views or access. Removal of low branches highter then one-third the height of a tree shall be considered excessive. Pruning or thinning that exeeds more than 25% of the leaf surface on both the lateral branch and the overall foliage of a mature tree that is pruned within a growing season shall be considered "excessive".
(i) Caliper. Caliper is the diameter of a tree four (4) inches or less in diameter as measured at six (6) inches above ground. Trees less than 12.5” in circumference should be measured by caliper.
(j) Circumference at Breast Height (CBH). Circumference at Breast Height refers to the measurement of trees greater than 12.5” in circumference, as measured at 4.5 feet above existing grade (at the base of the tree). In calculating CBH, the circumference of the tree shall be measured with a standard measuring tape. If a tree trunk splits at ground level and does not share a common base, then each trunk shall be measured as a separate tree. If a multi-trunk is splits below the 4.5 foot mark, all trunks shall be measured separately and counted as one tree.
(k) Diameter at Breast Height (DBH). Diameter at Breast Height refers to the measurement of trees greater than 4 inches in diameter, as measured at 4.5 feet above existing grade (at the base of the tree). In calculating DBH, the diameter of the tree shall be measured with a diameter or D-tape. If a tree trunk splits at ground level and does not share a common base, then each trunk shall be measured as a separate tree. If a multi-trunk is splits below the 4.5 foot mark, all trunks shall be measured separately and counted as one tree.
(l) Critical Root Zone. A more or less circular area on the ground equivalent to the area within the tree’s dripline, or a circle around the trunk with a radius equivalent to 1.5 feet for every 3.14 inches in circumference, whichever is greater.
(m) Crown. The upper portion of a tree that contains the large scaffold limbs, branches, twigs, and leaves.
(n) Dripline. An imaginary vertical line that extends downward from the outermost extent of the branches of a tree to the ground, encircling the shaded area below a tree’s canopy which is protected from dripping rainwater.
(o) Hazard Tree. A tree at risk for failure, either whole or in part, with the part large enough to cause damage to people, buildings, vehicles or hardscape within the falling distance of the tree or part thereof.
(p) Maintenance. Routine, periodic, or occasional activities directed at maintaining or improving a tree’s health and condition, including but not limited to, mulching, pruning, irrigation, fertilization, pest control, cabling and bracing, and lightning protection system installation.
(q) Protection. The active or passive protection of a tree’s roots, trunk and crown for the purpose of avoiding damage thereto and maintaining tree health and structural integrity.
(r) Tree Value – Appraised. The value of a tree calculated by a Certified Arborist, or person trained by the International Society of Arboriculture (ISA), based on the current edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (ISA).
(a) No person, firm, agency, organization, society, association or corporation, or any agent or representative thereof, shall directly or indirectly destroy or remove any significant, grand, or historic tree -whether public or private - without first obtaining a Tree Removal Permit from the Town.
(b) All Historic or Grand trees within the Town of McClellanville shall be conserved and may not be removed from a lot except as provided for in Section §6.8 below.
(c) No public tree, regardless of size, shall be damaged, destroyed, removed, or otherwise harmed without a tree removal permit as required in Section §6.5 below.
(d) All Significant trees (any tree above 8 inches DBH or 25 inches CBH) on any lot, with the exception of those areas of the lot to be developed with necessary driveways, roads, septic systems, easements and structures permitted by and constructed in accord with applicable ordinances of the Town, shall be conserved.
(e) All trees less than 8 inches DBH or 25 inches CBH planted or installed as a requirement of this section shall be conserved.
(f) In the event that trees are being removed from a site, a sufficient number of Significant and Grand Trees shall be conserved or installed to ensure each lot contains a minimum of twenty (20) such trees per acre or a combined density of trees equal to or greater than the cumulative density of trees existing prior to tree removal activity whichever is less. Wetlands and required easements, such as drainage ditches, shall be subtracted from the area used to calculate tree preservation requirements. Trees within wetland areas on a lot may be used to fulfill these requirements.
(g) The platting of lots and roadways where a Grand Tree will be located at or near the center of the lot or roadway shall be prohibited unless the recorded plat contains a note that states that the tree shall not be removed, nor a variance sought or granted for site development to accommodate conservation of the tree.
(h) Any tree planted as a requirement for compliance with this section must be maintained alive and thriving for a period of no less than two (2) years. If said tree dies or is in poor health within the two-year period, it must be replaced by the owner.
A permit for the revoval of any significant and grand trees, as defined Section §6.3, is required from the Town of McClellanville.
(a) Except for uses specifically exempt, it shall be unlawful to remove, excessively prune, excessively limb up, excessively top, or otherwise destroy or remove any public or private significant tree, as defined in Section §6.3(f) without first obtaining a Tree Removal Permit from the Zoning Administrator.
(c) The removal of trees, including obtaining the permits, shall be the responsibility of a property owner, whether the tree is on public or private property.
(1) The provisions of this chapter, particularly §6.4(b), do not require the conservation of trees proposed for removal.
(2) Trees proposed for removal have been deemed by a certified arborist or the Zoning Administrator to be hazardous to surrounding trees, crops, permanent structures, public utilities, rights of way, or persons due to a loss of stability caused by high wind, unstable soils, age or other natural forces.
(3) Trees proposed for removal have been certified as diseased to the extent that there is a severe decline in the tree’s structural integrity or it is in a state of irreversible decline by a certified arborist.
(4) Trees, or the root systems thereof, proposed for removal are causing visible damage to permanent structures that is unpreventable.
(5) Trees proposed for removal are causing damage to utility lines that cannot be prevented through proper pruning or prevent essential grade changes or all reasonable utility installations.
(e) Tree Conservation and Replacement Plans, superimposed on a site development plan or plat for any proposed land development activity, shall include the location, number, size (CBH or DBH), and species with a scaled graphic representation of each Grand and Significant Tree, canopy size, and trunk location. (For example, a tree with 37” CBH would be illustrated showing 12’ radius of canopy) Such plans shall identify the location, number, size and species of all trees to be conserved in accord with this ordinance and those proposed for removal (including dead and diseased trees). Trees located within five (5) feet of other trees, and those located in wetland areas, may be designated in groups, with the predominant species, estimated number and average CBH indicated.
(f) Public Tree Removal. A permit is required for any person, except for Town staff and those acting at the request or direction of the Town, to remove a public tree. Such permit must be applied for no less than ten (10) days in advance of a regularly scheduled Tree Committee meeting. The Tree Committee shall notify the jurisdiction owning the tree and rule on the application using the criteria for tree removal in Section §6.5(d) and such other criteria as it deems relevant. If granted, the Zoning Administrator shall issue a Tree Removal Permit, valid for six (6) months.
(g) The Town Administrator shall notify the Tree Committee of the Town’s intent to remove a grand tree located on public property no less than ten (10) days in advance of a regularly scheduled Committee meeting.
(1) Tree identification information, including species, CDH or DBH, and location in relationship to a street intersection or property address.
(2) Condition value as determined by a certified arborist that has been trained on Tree Appraisal Methods and uses the rating system published in the current edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture.
(3) Hazard rating using the current edition of the Photographic Guide to the Evaluation of Hazard Trees in Urban Areas written by Nelda P. Metheny and James R. Clark, and published by the International Society of Arboriculture.Reference may be made to a finding of the tree's condition in the Town's most recent Public Tree Inventory.
(4) Alternate recommendations for maintenance action (prune, cable and brace, remove or other) and priority (routine or immediate).
(1) Tree species, circumference and location.
(4) Contact number for the Town for more information.
(j) This provision shall not apply in emergency situations as defined in Section 6.7 below or during storm damage clean up.
(7) Parking vehicles within critical root zones.
(b) Protective barricades shall be placed around the critical root zone of all grand and significant trees in or near development areas prior to the start of development activities and shall remain in place until such activities are complete.
(1) Barricading trees in groups shall be encouraged.
(2) Barricading shall be erected in a radius around the trunk of tree protected by these provisions at a distance no less than the limit of the critical root zone. Barricading shall enclose any surface roots leading from such tree.
(3) In the event that required barricades prevent access to or circulation within the construction site, or excavation, filling, paving or hardscaping must be done within the prescribed barricaded area, the Zoning Administrator may grant permission for the developer to retreat barricading to no less than one foot (1’) per every 3.14 inches of circumference of the tree provided that a four inch (4”) layer of wood mulch or pine straw covers the unenclosed ground within the critical root zone.
(4) Barricading shall be highly visible, constructed of chain link, wood or plastic fencing. Chain link fencing is recommended, however orange safety fencing supported by wood or rebar is an acceptable alternative. Flagged string or tape alone is not allowed as barricading before or during development.
(c) All tree protection areas shall be designated with signs or tape posted visibly on or within fencing denoting the area as off-limits for development activities.
(d) Installation of utilities shall not occur without the use of special tunneling techniques to conserve root systems. In the event tunneling techniques cannot be used, trenching for utilities shall be permitted within the critical root zone but shall not disturb more than twenty-five percent (25%) of the area within the critical root zone of these trees.
(e) In the event a significant or grand tree is wounded durning construction or land disturbance activies, the wound shall be cleaned to sound wood by removal of loose bark and wood, leaving a smooth edge around the wound.
(f) In the event that it is necessary to remove any roots of significant trees, such roots shall be severed clean and treated by application of a four inch (4”) layer of mulch on the surface above such roots which is sustained during development activities.
(g) In the event soil disturbance must occur within the critical root zone of a protected tree(Grand or Significant) such disturbance shall be limited to three inches (3”) in depth removed or three inches (3”) in depth added. Any soil added in the critical root zone of the tree shall be a loamy soil mix to ensure minimal compaction and shall cover no more than 25% of the area within such zone.
(h) The Town shall seek to protect all Grand, Historic and Public trees during public events or gatherings by mulching with leaves, aged wood chips, pine straw or other quality organic mulch in an even layer, 3 inches deep, within the critical root zone of the tree or by barricading where necessary.
In the event that a tree poses a serious and imminent threat to public safety or physical property due to death, disease or damage resulting from emergencies including, but not limited to fires, flooding, storms, or natural disasters, the Zoning Administrator may waive requirements of this chapter. The Zoning Administrator shall require replacement of those trees which are removed under the emergency provisions where it is determined that death or disease of the tree resulted from negligence or malfeasance of the owner.
Upon demonstration of hardship, the Board of Zoning Appeals may vary the provisions of this Article. In considering hardship, the Board of Zoning Appeals, in addition to other factors, must also consider whether the trees, as situated, prevent all reasonable site configurations, and that removal of trees is the only reasonable means by which building, zoning, subdivision, health, public safety or other requirements of the Town can be met.
(b) It is demonstrated that the height of a Grand Pine Tree is such that is exceeds the distance between the tree base and a principal structure on a lot.
(c) Removal of trees approved by an administrative waiver of the variance requirement shall be mitigated with planting of indigenous trees with a minimum 3 inch caliper. The number of trees required shall have a total circumference equal to or greater than the difference between the removed tree's circumference and 76 inches CBH.
(d) In the event that the planting of required mitigation trees is determined to be detrimental to the overall health of existing trees or impractical for the intended site design, a fee in lieu will be received by the Town and deposited into a Tree Fund, hereby established, for use by the Tree Committee to plant and maintain trees on public lands within the town in accord with Section §6.9(f). A fee of $400 per tree will be required, in accordance with Section §6.8(b), should the trees not fit on the applicant's property.
(a) Should violations be noted during the course of a project or at final inspection, the Zoning Administrator may cause permits to be revoked and withhold certificates of occupancy. No further activity shall continue on the site until such time as the Board of Zoning Appeals determines if remedial actions are necessary, including but not limited to: replacement of illegally removed trees; replacement of required trees which are damaged, diseased, dying, or dead; remedial actions to protect trees during construction.
(2) One-half of individual replacement trees shall be at least 2”caliper, or six inches (6”) or greater in circumference.
(2) Each individual replacement tree is at least three inches (3”) or greater in caliper. Replacement trees will be inspected periodically for 2 years by the Tree Committee to assure growth and viability.
(d) Public Trees. The Town of McClellanville shall require compensation for the damage or destruction of a public tree equal to twice the appraised value of the tree prior to the damage. All Public trees removed shall be replaced within two (2) years after removal. If the site where the tree was removed is not suitable for replanting, a tree shall be planted in a suitable location as close as possible to the removal location. If there is not suitable location close to the removal location, then a tree shall be planted in a location planned for planting by the Town in the vicinity of the removed tree.
(1) Where trees have been removed in violation of this chapter or the planting of required trees is determined to be detrimental to the overall health of existing trees or impractical for the intended site design, a fee in lieu will be received by the Town and deposited into a Tree Fund, hereby established, for use by the Tree Committee to plant trees on public lands within the town or for public education on the benefits of trees and tree maintenance. The Tree Mitigation Fee shall be based on the current market value of 3” caliper trees installed to the American Association of Nurserymen Standards, including installation, delivery and mulching. Fee currently set at $400 per 4 inch DBH tree.
(1) Where it is found that a grand or historic tree has been removed or intentionally damaged such that removal is necessitated, a penalty of an amount equivalent twice the appraised value of the tree prior to damage or removal shall be placed in the Town's Tree Fund. No building permit shall be issued for that property for a period of two (2) years after tree removal.
(3) If the applicant disagrees with the amount of the Tree Mitigation Fee imposed, they may file an appeal with the Board of Zoning Appeals in accord with the provisions in this Ordinance.

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May 11, 1993. As Modified June 29, 1993. Motion for Rehearing and/or Transfer to Supreme Court Denied June 29, 1993. Application for Transfer Sustained August 17, 1993. Case Retransferred November 23, 1993. Court of Appeals Opinion Readopted December 2, 1993.
APPEAL FROM THE PLATTE COUNTY CIRCUIT COURT, WARD B. STUCKEY, J.
James M. Slone, Kansas City, Rich Tiemeyer, Jefferson City, for plaintiff-appellant.
Abe Shafer, Weston, Bruce E. Strauss, Merrick, Baker, Fox, Hufft Strauss, Kansas City, for defendant-respondent.
Before LOWENSTEIN, C.J., and TURNAGE and BRECKENRIDGE, JJ.
The Missouri Highway and Transportation Commission filed a suit in condemnation to acquire land owned by Myers Oil Company upon which Farley State Bank held a deed of trust to secure a note payable to the Bank. On trial of the exceptions filed by both Myers Oil and the Commission, the court found the value of the property to be less than the commissioners' award. The Commission sought to have the court enter judgment against the Bank for a part of the deficiency but the court refused. On appeal, the Commission contends that under equitable principles it has a right to seek restitution from the Bank for money which the Bank received from the commissioners' award after it was paid into court. Affirmed in part, reversed in part and remanded.
The Commission filed its petition in condemnation in October of 1985 and named as defendants Myers Oil Company, Osage Outdoor Advertising, Inc., and Farley State Bank. It was alleged that Myers Oil Company was the owner of the property and that Farley State Bank held a deed of trust on the property. Farley State Bank filed an answer stating that it was the owner of a note secured by a deed of trust covering the land sought to be condemned and that the Bank's lien was prior to and superior to any other right of ownership in the land sought to be condemned.
The court appointed commissioners who later filed their report assessing damages at $293,000. Both Myers Oil Company and the Commission filed exceptions. Thereafter, the Commission paid the $293,000 into court.
Shortly after the $293,000 was paid into court, the president of Farley State Bank, who was also the attorney of record for Myers Oil Company, filed a disclaimer on behalf of the Bank in the commissioners' award. At the same time the attorney filed an application on behalf of Myers Oil to withdraw the sum of $276,700. Pursuant to the stipulation of Osage, Myers and the Bank, the court ordered that $276,700 be paid to Myers. Thereupon, Myers was paid $276,700.
All parties filed a stipulation that Osage Outdoor Advertising would receive $16,300.00 from the commissioners' award as payment for a sign located on the property. The parties further stipulated that Osage would not be subject to any liability for repayment under any circumstance. For that reason Osage is not a party on this appeal.
On the day following the order to pay $276,700 to Myers, Farley State Bank executed a quit-claim deed to Myers Oil by which the deed of trust held by the Bank on the property being condemned was released.
Almost six years later the Commission took the deposition of Alvin Davis, a statutory trustee of Myers Oil. Davis testified that the corporate charter of Myers Oil Company had been forfeited and the company was no longer in existence. He stated that of the $276,700 paid to Myers Oil from the commissioners' award, approximately $200,000 had been paid to Farley State Bank.
Trial of the exceptions to the commissioners' award was set in August of 1991, and as soon as the trial setting was obtained the Commission gave notice to Farley State Bank that if the final award was less than the commissioners' award that the Commission would look to the Bank to contribute toward payment of the deficiency.
Trial on the exceptions was continued from August 1991 to March 1992, but in August of 1991, the Commission forwarded interrogatories to Farley State Bank seeking information as to the amount paid to the Bank from the commissioners' award withdrawn by Myers. The Bank filed what it termed to be a special appearance and sought a protective order to relieve it from complying with the discovery request. In November of 1991, the court granted the Bank a protective order. In its order the court stated that by reason of the order of apportionment dividing the condemnation award between Osage and Myers and the issuance of a separate check by the clerk of the court to Myers for its share, Farley State Bank was effectively eliminated from the case and was therefore not required to respond to the interrogatories.
On March 2, 1992, trial on the exceptions was held to the court and the court found that the value of the property being taken was $127,500. The Commission tendered a proposed judgment entry to the court finding the value of the property to be $127,500 and ordering a refund to the Commission of $149,200. The Commission further suggested that Farley State Bank and Myers Oil be required to submit evidence as to the amount which each had received from the $276,700 paid into court by the Commission.
The court entered a judgment finding the value of the property to be $127,500 and found that Farley State Bank had previously been eliminated from the case by the protective order. The court entered judgment in favor of the Commission against Myers Oil for the deficiency of $149,200 plus interest. The Commission filed a motion to amend the judgment to include a judgment against Farley State Bank for the amount which it received from the amount paid to Myers Oil from the commissioners' award. Attached to that motion was a copy of the deposition of Davis reflecting his testimony that Farley State Bank had received $200,000. The court took no action on the motion to amend and by operation of law it was denied.
Farley State Bank contends that because an order of apportionment under § 523.053, RSMo 1986, was made and it filed a disclaimer of interest in the award that it was eliminated from the case and the court lost jurisdiction of it.
The thrust of the Morganstein holding is that the Commission has the right to obtain restitution for any excess amount finally awarded over the commissioners' award and this right is rooted in principles of equity and fairness and this is so whether or not § 523.053 had been followed. In this case there were three parties who had an interest of the award — Myers Oil, Farley State Bank and Osage. All parties including the Commission agreed as to the interest of Osage. Farley State Bank filed a disclaimer of any interest in the award and the court ordered that the award be paid to Osage and Myers Oil in the amounts stipulated by those parties. Farley State Bank now says that by filing the disclaimer it removed itself from the court's jurisdiction. If Farley State Bank could escape all responsibility to repay any amount of the commissioners' award which it received by the simple expedient of filing a disclaimer, the right of the Commission to restitution would be defeated. The Commission's right to restitution is founded on equity and fairness and the right thus anchored cannot be thwarted by the unilateral act of the Bank in filing a disclaimer and thereafter receiving its money. Further, the Bank was placed on notice by the Commission after the disclaimer was filed that the Commission would look to the Bank for payment of any deficiency if the final award was less than the amount paid into court. The Bank thus had an opportunity to protect its interest by participating in the trial of exceptions but failed to do so.
Section 523.053 provides a method by which the court may determine the percentage of a condemnation award to which each of several parties is entitled. This percentage is applied to any additional compensation awarded as well as to any reduction which occurs after the trial of exceptions.
In State ex rel. State Highway Comm'n v. Gould, 592 S.W.2d 172 (Mo.App. 1979), this court held that even though a bank which had been named a party in the condemnation had been dismissed, the court had a duty under the rationale of Morganstein to determine the bank's liability when there was a clear implication that the bank had received the amount due on its deed of trust. In this case, there is not only an implication that the Bank received its money from the fact that it released its deed of trust the day after Myers received the award, there is direct evidence of that fact from the deposition of Davis. Gould is authority for holding the court did not lose jurisdiction of the bank when it filed its disclaimer.
Application of principles of equity and fairness make it clear that the court retained jurisdiction of the Bank after the disclaimer was filed and under all of the facts the court may conduct a hearing to determine how much of the award was received by the Bank and the amount it should be required to pay to the Commission.
Farley State Bank contends that it had been "eliminated" from the case by the entry of the protective order and for that reason the court has no jurisdiction to determine whether or not it is responsible to repay any amount to the Commission. The protective order did not order Farley State Bank dismissed from the action. The Bank was named a party defendant and served with summons and to this date the court has not ordered the Bank dismissed. Except for a voluntary dismissal filed by a plaintiff prior to the introduction of evidence, all other dismissals require an order by the court. First Nat'l Bank of Colo. Springs v. Mark IV, 591 S.W.2d 63, 68 (Mo.App. 1979). Absent an order dismissing it, the Bank remains a party to the action.
The Bank further contends that condemnation proceedings are in rem but the Commission seeks to recover an in personam judgment against it. In State ex rel. State Highway Comm'n v. Eilers, 445 S.W.2d 374, 376 (Mo. 1969), the court held that a condemnation proceeding is converted to one in personam after a party filed a motion requesting payment of the commissioners' award. The court further held that the request amounts to a general appearance for that purpose. In this case, the Bank entered a general appearance after the award was paid into court when it filed a disclaimer in the award. While the Bank did not explicitly request distribution of a part of the award to it, it implicitly did so. This for the reason that at the time the disclaimer was filed the only party who would receive the award was Myers Oil who was indebted to the Bank. At the time of filing the disclaimer the Bank's lien had not been released. By releasing its deed of trust the day after executing its disclaimer it is apparent the Bank knew at the time it filed its disclaimer that it would receive its money from the award that was paid into court. There could be no other reason for the Bank to file a disclaimer. In addition, the deposition of Davis indicates the Bank was paid from the award and it may be inferred that the Bank knew it would be paid from the award at the time it filed its disclaimer. The Bank knew that when it filed a disclaimer that the award, less the amount paid to Osage, would be paid to Myers and further knew that when the award was paid to Myers that the Bank would receive its money from Myers. The effect of filing the disclaimer was to assure that the $276,700 would be paid to Myers and that Myers would in turn pay the Bank. The effect of the disclaimer was therefore to request that part of the award be paid to the Bank. For that reason, the Bank entered a general appearance through the filing of the disclaimer after the award had been paid into court. Under Eilers the court had personam jurisdiction of the Bank after it filed its general appearance in the form of a disclaimer under the facts here.
The Bank further contends that the court lost jurisdiction over it because a new case began when the exceptions were filed and the original condemnation case ceased to exist when the circuit clerk assigned a new case number. In State ex rel. Highway Comm'n v. Curtis, 365 Mo. 447, 283 S.W.2d 458, 466[11-13] (1955), the court stated that after exceptions are filed the question of damages is all that is left in the case. The court also stated that the exceptions of each landowner in the case are tried separately and the trial of one landowner's exception does not affect any other owner. The filing of exceptions does not result in a new case but simply continues the condemnation case as to the owner involved to resolve the question of damages. However, even if it could be said that a new case began with the filing of exceptions, in this case it is held that the Bank entered its general appearance after the award was paid into court and that gave the court personam jurisdiction of the Bank.
The court had jurisdiction over the Bank. As in Gould, there is a clear implication that Farley State Bank received payment on its note from the award. The court had jurisdiction to conduct an equitable proceeding to determine what part of the commissioners' award, if any, the Bank received and to fix the amount which the Bank should pay the Commission.
The judgment fixing the value of the property at $127,500 is affirmed. The remainder of the judgment is reversed and this cause is remanded with directions to allow the Commission to file appropriate pleadings to assert its claim against Farley State Bank for equitable restitution, to allow Farley State Bank to file its pleadings, and thereafter to adjudicate the Commission's claim and enter judgment thereon. Costs are assessed against Farley State Bank.


text:
O presente artigo tem como objetivo avaliar a formação de pós de óxido deníquel-zinco (Ni0,75Zn0,25O) por meio da metodologia de síntese verde utilizando comomeio reacional particulados secos provenientes do rejeito do maracujá-amarelo(Passiflora edulis f. flavicarpa). Para obtenção do precursor, foi preparada uma soluçãoentre os nitratos, particulados de maracujá e água destilada, sendo disposta em umrefratário e submetida ao tratamento térmico nas condições de 353 K por 24 h. Oprecursor produzido foi calcinado nas condições de 673 e 773 K por 1h e os pós de óxidomisto foram caracterizados por meio das técnicas de Difração de Raios-X (DRX) eEspectroscopia de Infravermelho por Transformada de Fourier (FTIR). Com a técnicaalternativa de síntese, a partir das deconvoluções dos espectros de FTIR foramidentificadas as bandas vibracionais referentes as fases de ZnO e NiO em sua formaconjugada. Com os dados experimentais ajustados de DRX as fases cristalinas foramidentificadas e as amostras apresentaram tamanhos de grãos cristalinos médios de 52 e90 nm para as temperaturas de 673 e 773 K, respectivamente.
 AGARWAL H, KUMAR S, RAJESHKUMAR S, A review on green synthesis of zinc oxide nanoparticles – An eco-friendly approach. Resource-Efficient Technologies, 2017. HENRIQUE P, CAMARGO C, SATYANARAYANA KG, WYPYCH F, Nanocomposites: Synthesis, Structure, Properties and New Application Opportunities. Materials Research, v. 12, n. 1, p. 1–39, 2009. JANA S, VUK AS, MALLICK A, OREL B, BISWAS PK, Effect of boron doping on optical properties of sol–gel based nanostructured zinc oxide films on glass. Materials Research Bulletin, v. 46, n. 12, p. 2392-2397, 201 LEI C, PI M, CHENG B, JIANG C, QIN J, Fabrication of hierarchical porous ZnO/NiO hollow microspheres for adsorptive removal of Congo red. Applied Surface Science, v. 435, p. 1002–1010, 2018. MAREI NN, NASSAR NN, VITALE G, The effect of the nanosize on surface properties of NiO nanoparticles for the adsorption of Quinolin-65. Physical chemistry chemical physics : PCCP, v. 18, n. 9, p. 6839–49, 2016. RAHAL HT, AWAD R, ABDEL-GABER AM, BAKEER DES, Synthesis, Characterization, and Magnetic Properties of Pure and EDTA-Capped NiO Nanosized Particles. Journal of Nanomaterials, v. 2017, 2017. WAGNER S, KAHRAMAN D, KUNGL H, HOFFMANN MJ, SCHUH C, LUBITZ K, MURMANN-BIESENECKER H, SCHMID JA, Effect of temperature on grain size, phase composition, and electrical properties in the relaxor-ferroelectric-system Pb(Ni1∕3Nb2∕3)O3- Pb(Zr,Ti)O3. Journal of Applied Physics, v. 98, n. 2, p. 24102, 2005. ZENG D, QIU Y, CHEN Y, ZHANG Q, LIU X, PENG DL, Hot-injection synthesis of Ni-ZnO hybrid nanocrystals with tunable magnetic properties and enhanced photocatalytic activity. Journal of Nanoparticle Research, v. 19, n. 4, 2017.
RIBEIRO, J. J. K; SOUZA, L. M; PEREIRA, R. D; PORTO, P. S. S; OLIVEIRA, R. C. S; MUNIZ, E. P; "SÍNTESE VERDE DE ÓXIDO MISTO DE NÍQUEL-ZINCO UTILIZANDO REJEITOS SÓLIDOS DO MARACUJÁ", p. 974-977 . In: . São Paulo: Blucher, 2018.
AGARWAL H, KUMAR S, RAJESHKUMAR S, A review on green synthesis of zinc oxide nanoparticles – An eco-friendly approach. Resource-Efficient Technologies, 2017. HENRIQUE P, CAMARGO C, SATYANARAYANA KG, WYPYCH F, Nanocomposites: Synthesis, Structure, Properties and New Application Opportunities. Materials Research, v. 12, n. 1, p. 1–39, 2009. JANA S, VUK AS, MALLICK A, OREL B, BISWAS PK, Effect of boron doping on optical properties of sol–gel based nanostructured zinc oxide films on glass. Materials Research Bulletin, v. 46, n. 12, p. 2392-2397, 2011. LEI C, PI M, CHENG B, JIANG C, QIN J, Fabrication of hierarchical porous ZnO/NiO hollow microspheres for adsorptive removal of Congo red. Applied Surface Science, v. 435, p. 1002–1010, 2018. MAREI NN, NASSAR NN, VITALE G, The effect of the nanosize on surface properties of NiO nanoparticles for the adsorption of Quinolin-65. Physical chemistry chemical physics : PCCP, v. 18, n. 9, p. 6839–49, 2016. RAHAL HT, AWAD R, ABDEL-GABER AM, BAKEER DES, Synthesis, Characterization, and Magnetic Properties of Pure and EDTA-Capped NiO Nanosized Particles. Journal of Nanomaterials, v. 2017, 2017. WAGNER S, KAHRAMAN D, KUNGL H, HOFFMANN MJ, SCHUH C, LUBITZ K, MURMANN-BIESENECKER H, SCHMID JA, Effect of temperature on grain size, phase composition, and electrical properties in the relaxor-ferroelectric-system Pb(Ni1∕3Nb2∕3)O3- Pb(Zr,Ti)O3. Journal of Applied Physics, v. 98, n. 2, p. 24102, 2005. ZENG D, QIU Y, CHEN Y, ZHANG Q, LIU X, PENG DL, Hot-injection synthesis of Ni-ZnO hybrid nanocrystals with tunable magnetic properties and enhanced photocatalytic activity. Journal of Nanoparticle Research, v. 19, n. 4, 2017.

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Chapter 143 - State Departments, Institutions, and Commissions.
Article 1 - Executive Budget Act.
§ 143-1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3.2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3.3: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3.4: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3.5: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-3.7: Repealed by Session Laws 1997-443, s. 23(b).
§ 143-4: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-4.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-5: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-6: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-6.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-6.2. Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-7: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-8: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-9: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-10: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-10.1: Repealed by Session Laws 1991, c. 689, s. 342.
§ 143-10.1A: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-10.2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§§ 143-10.3 through 143-10.6: Repealed by Session Laws 2001-424, s. 12.2(a), effective July 1, 2001.
§ 143-10.7: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-11: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-11.1: Repealed by Session Laws 1983, c. 717, s. 55.
§ 143-12: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-12.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-13: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-14: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.3: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.3A: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.3B: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.3C: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.3D: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.3E: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-15.4: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16.2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16.3: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16.4: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16.5: Repealed by Session Laws 1999-237, s. 19a, effective June 30, 1999, and applicable to agreements entered on or after November 15, 1998.
§ 143-16.6: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-16.7: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-17: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-18: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-18.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-19: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-20: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-20.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-21: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-22: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-23: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-23.1. Repealed by Session Laws 1985, c. 290, s. 4, effective July 1, 1985.
§ 143-23.2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-23.3: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-24: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-25: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-26: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-27: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-27.1. Repealed by Session Laws 1979, 2nd Session, c. 1137, s. 43.
§ 143-28: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-28.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-29: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-30: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-31: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-31.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-31.3: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-31.4: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-31.5: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-32: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-33: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.1: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.2: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.3. Repealed by Session Laws 1977, c. 802, s. 15.20.
§ 143-34.5: Repealed by Sessions Laws 1985, c. 479, s. 160.
§ 143-34.6: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.7: Repealed by Session Laws 2006-203, s. 1, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
Article 1A - Periodic Review of Certain State Agencies.
§ 143-34.10: Repealed by Session Laws 1981, c. 932, s. 1.
§ 143-34.11. Certain General Statutes provisions repealed effective July 1, 1979.
§§ 143-34.12 through 143-34.21: Repealed by Session Laws 1981, c. 932, s. 1.
§ 143-34.22. Reserved for future codification purposes.
§ 143-34.23. Reserved for future codification purposes.
§ 143-34.24. Reserved for future codification purposes.
Article 1.2 - Legislative Committee on Agency Review.
§§ 143-34.25 through 143-34.27: Expired.
§§ 143-34.28 through 143-34.39. Reserved for future codification purposes.
Article 1B - Capital Improvement Planning Act.
§ 143-34.40: Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.41: Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.42: Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.43: Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.44: Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
§ 143-34.45: Repealed by Session Laws 2006-203, s. 2, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter.
Article 2 - State Personnel Department.
§§ 143-35 through 143-47: Repealed by Session Laws 1965, c. 640, s. 1.
Article 2A - Incentive Award Program for State Employees.
§§ 143-47.1 through 143-47.5: Repealed by Session Laws 1965, c. 640, s. 1.
Article 2B - Notice of Appointments to Public Offices.
§ 143-47.7. Notice and record of appointment required.
§ 143-47.8: Repealed by Session Laws 2003-374, s. 3, effective August 31, 2003.
§ 143-47.9. Subsistence, per diem compensation, and travel allowances conditioned on filing of notice.
§§ 143-47.10 through 143-47.14. Reserved for future codification purposes.
Article 2C - Limit on Number of State Employees.
§§ 143-47.15 through 143-47.20: Repealed by Session Laws 1989, c. 752, s. 45.
Article 2D - North Carolina Board for Need-Based Student Loans.
§§ 143-47.21 through 143-47.24: Repealed by Session Laws 1987, c. 738, s. 41(c).
Article 3 - Purchases and Contracts.
§ 143-48. State policy; cooperation in promoting the use of small contractors, minority contractors, physically handicapped contractors, and women contractors; purpose; required annual reports.
§ 143-48.1. Medicaid program exemption.
§ 143-48.2. Procurement program for nonprofit work centers for the blind and the severely disabled.
§ 143-48.4. Statewide uniform certification of historically underutilized businesses.
§ 143-48.5. Contractors must use E-Verify.
§ 143-48.6. Personal services contracts subject to Article.
§ 143-49. Powers and duties of Secretary.
§ 143-49.1. Purchases by volunteer nonprofit fire department and lifesaving and rescue squad.
§ 143-50. Certain contractual powers exercised by other departments transferred to Secretary.
§ 143-50.1. Division of Purchase and Contract; Contract Management Section.
§ 143-51. Reports to Secretary required of all agencies as to needs and purchases.
§ 143-52. Competitive bidding procedure; consolidation of estimates by Secretary; bids; awarding of contracts; cost plus percentage of cost contracts strictly prohibited.
§ 143-52.1. Award recommendations; State Purchasing Officer action.
§ 143-52.2: Repealed by Session Laws 2014-115, s. 11.1, effective August 11, 2014.
§ 143-52.3. Multiple award schedule contracts.
§ 143-53.1. Setting of benchmarks; increase by Secretary.
§ 143-54. Certification that bids were submitted without collusion.
§ 143-55. Requisitioning by agencies; must purchase through sources certified.
§ 143-56. Certain purchases excepted from provisions of Article.
§ 143-57. Purchases of articles in certain emergencies.
§ 143-57.1. Furniture requirements contracts.
§ 143-58. Contracts contrary to provisions of Article made void.
§ 143-58.1. Unauthorized use of public purchase or contract procedures for private benefit.
§ 143-58.2. State policy; bid procedures and specifications; identification of products.
§ 143-58.3. Purchase of recycled paper and paper products; goals.
§ 143-58.4. Energy credit banking and selling program.
§ 143-58.5. Alternative Fuel Revolving Fund.
§ 143-58.6. Specifications for use of coal combustion products.
§ 143-58.7. Contracts with Youth Conservation Corps.
§ 143-59. Preference given to North Carolina products and citizens, and articles manufactured by State agencies; reciprocal preferences.
§ 143-59.1. Contracts with certain foreign vendors.
§ 143-59.1A. Preference given to products made in United States.
§ 143-59.2. Certain vendors prohibited from contracting with State.
§ 143-59.3. Contracts for the purchase of reconstituted or recombined fluid milk products prohibited.
§ 143-59.4. Contracts performed outside the United States.
§ 143-60. Rules covering certain purposes.
§ 143-61. Repealed by Session Laws 1975, c. 879, s. 45.
§ 143-62. Law applicable to printing Supreme Court Reports not affected.
§ 143-63. Financial interest of officers in sources of supply; acceptance of bribes.
§ 143-63.1. Sale, disposal and destruction of firearms.
§ 143-63.2. Purchase of tires for State vehicles; repair or refurbishment of tires for State vehicles.
§ 143-64: Repealed by Session Laws 2012-89, s. 1, effective June 28, 2012.
Article 3A - Surplus Property.
§ 143-64.01. Department of Administration designated State Surplus Property Agency.
§ 143-64.03. Powers and duties of the State agency for surplus property.
§ 143-64.04. Powers of the Secretary to delegate authority.
§ 143-64.05. Service charge; receipts.
§ 143-64.06. North Carolina State University may sell timber.
§ 143-64.1. Department of Administration designated State agency for federal surplus property.
§ 143-64.2. Authority and duties of the State agency for federal surplus property.
§ 143-64.3. Power of Department of Administration and Secretary to delegate authority.
§ 143-64.4. Warehousing, transfer, etc., charges.
§ 143-64.5. Department of Agriculture and Consumer Services exempted from application of Article.
§ 143-64.6: Repealed by Session Laws 2004-199, s. 36(a), effective August 17, 2004.
§§ 143-64.7 through 143-64.9. Reserved for future codification purposes.
Article 3B - Conservation of Energy, Water, and Other Utilities in Government Facilities.
§ 143-64.12. Authority and duties of the Department; State agencies and State institutions of higher learning.
§ 143-64.13: Repealed by Session Laws 1993, c. 334, s. 5.
§ 143-64.14: Recodified as § 143-64.16 by Session Laws 1993, c. 334, s. 7.
§ 143-64.15. Life-cycle cost analysis.
§ 143-64.15A. Certification of life-cycle cost analysis.
§ 143-64.16. Application of Part.
§ 143-64.17A. Solicitation of guaranteed energy savings contracts.
§ 143-64.17B. Guaranteed energy savings contracts.
§ 143-64.17C: Repealed by Session Laws 2002, ch. 161, s. 5, effective January 1, 2003, and applicable to contracts entered into on or after that date.
§ 143-64.17E. Payments under contract.
§ 143-64.17F. State agencies to use contracts when feasible; rules; recommendations.
§ 143-64.17G. Report on guaranteed energy savings contracts entered into by local governmental units.
§ 143-64.17H. Report on guaranteed energy savings contracts entered into by State governmental units.
§ 143-64.17I. Installment and lease purchase contracts.
§ 143-64.17J. Financing by State governmental units.
§ 143-64.17K. Inspection and compliance certification for State governmental units.
§ 143-64.17L. Board of Governors may authorize energy conservation measures at constituent institutions.
§§ 143-64.17L through 143-64.19. Reserved for future codification purposes.
§ 143-64.17M. Energy savings analysis required prior to implementation; post-implementation analyses required.
Article 3C - Contracts to Obtain Consultant Services.
§ 143-64.20. "Agency" defined; Governor's approval required.
§ 143-64.21. Findings to be made by Governor.
§ 143-64.22. Contracts with other State agencies; competitive proposals.
§ 143-64.23. Compliance required; penalty for violation of Article.
§ 143-64.24. Applicability of Article.
§§ 143-64.25 through 143-64.30. Reserved for future codification purposes.
Article 3D - Procurement of Architectural, Engineering, and Surveying Services.
§ 143-64.31. Declaration of public policy.
§ 143-64.32. Written exemption of particular contracts.
§ 143-64.33. Advice in selecting consultants or negotiating consultant contracts.
§ 143-64.34. Exemption of certain projects.
§§ 143-64.35 through 143-64.49. Reserved for future codification purposes.
Article 3E - State/Public School Child Care Contracts.
§ 143-64.50. State/public school-contracted on-, near-site child care facilities; location authorization; contract for program services authorization.
§ 143-64.51. State/public school-contracted child care facilities; licensing requirements.
§ 143-64.52. State/public school-contracted child care facilities; limitation of State/local board liability.
Article 3F - State Privacy Act.
§ 143-64.60. State Privacy Act.
§§ 143-64.61 through 143-64.69. Reserved for future codification purposes.
Article 3G - Personal Service Contracts.
§ 143-64.70: Repealed by Session Laws 2015-241, s. 26.2(d), effective July 1, 2015.
§§ 143-64.71 through 143-64.79: Reserved for future codification purposes.
Article 3H - Overpayments of State Funds.
§ 143-64.80. Overpayments of State funds to persons in State-supported positions; recoupment required.
§§ 143-64.81 through 143-64.85: Reserved for future codification purposes.
Article 4 - World War Veterans Loan Administration.
§§ 143-65 through 143-105: Deleted by Session Laws 1951, c. 349.
§ 143-106: Repealed by Session Laws 1983, c. 913, s. 33.
§ 143-107. Transferred to § 143-106 by Session Laws 1951, c. 1010, s. 2.
Article 6 - Officers of State Institutions.
§ 143-108. Secretary to be elected from directors.
§ 143-109. Directors to elect officers and employees.
§ 143-110. Places vacated for failure to attend meetings.
§ 143-111. Director not to be elected to position under board.
§ 143-112. Superintendents to be within call of board meetings.
§ 143-113. Trading by interested officials forbidden.
§ 143-114. Diversion of appropriations to State institutions.
§ 143-115. Trustee, director, officer or employee violating law guilty of misdemeanor.
§ 143-116. Venue for trial of offenses.
§§ 143-116.1 through 143-116.5. Reserved for future codification purposes.
Article 6A - Rules of Conduct; Traffic Laws for Institutions.
§ 143-116.6. Rules concerning conduct; violation.
§ 143-116.7. Motor vehicle laws applicable to streets, alleys and driveways on the grounds of Department of Health and Human Services institutions; traffic regulations; registration and regulation of motor vehicles.
§ 143-116.8. Motor vehicle laws applicable to State parks and forests road system.
Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs.
§ 143-118. Secretary of Health and Human Services to fix cost and charges.
§ 143-118.1: Repealed by Session Laws 1987, c. 699, s. 1.
§ 143-120. Repealed by Session Laws 1985, c. 508, s. 8, effective October 1, 1985.
§ 143-121. Action to recover costs.
§ 143-121.1. Ratification of past acts.
§ 143-122. No limitation of action.
§ 143-123. Power to admit indigent persons.
§ 143-124. Suit by Attorney General; venue.
§ 143-125. Judgment; never barred.
§ 143-126. Death of a person admitted; lien on estate.
§ 143-126.1. Lien on property for unpaid balance due institution.
§ 143-127. Money paid into State treasury.
§ 143-127.1. Parental liability for payment of cost of care for long-term patients in Department of Health and Human Services facilities.
Article 7A - Damage of Personal Property in State Institutions.
§ 143-127.2. Repair or replacement of personal property.
§ 143-127.6. Administrative and judicial review.
Article 8 - Public Contracts.
§ 143-128. Requirements for certain building contracts.
§ 143-128.1. Construction management at risk contracts.
§ 143-128.1B. Design-build bridging contracts.
§ 143-128.1C. Public-private partnership construction contracts.
§ 143-128.2. Minority business participation goals.
§ 143-128.3. Minority business participation administration.
§ 143-128.4. Historically underutilized business defined; statewide uniform certification.
§ 143-129. Procedure for letting of public contracts.
§ 143-129.1. Withdrawal of bid.
§ 143-129.2. Construction, design, and operation of solid waste management and sludge management facilities.
§ 143-129.3. Exemption of General Assembly from certain purchasing requirements.
§ 143-129.4. Guaranteed energy savings contracts.
§ 143-129.5. Purchases from nonprofit work centers for the blind and severely disabled.
§ 143-129.6. Exemption for certain training projects of the North Carolina National Guard.
§ 143-129.7. Purchase with trade-in of apparatus, supplies, materials, and equipment.
§ 143-129.8. Purchase of information technology goods and services.
§ 143-129.8A. Purchase of certain goods and services for the North Carolina Zoological Park.
§ 143-129.9. Alternative competitive bidding methods.
§ 143-130. Allowance for convict labor must be specified.
§ 143-131. When counties, cities, towns and other subdivisions may let contracts on informal bids.
§ 143-131.1. Exception for contracts for the purchase of food and supplies for county detention facilities by the sheriffs of certain counties.
§ 143-132. Minimum number of bids for public contracts.
§ 143-133. No evasion permitted.
§ 143-133.2: Reserved for future codification purposes.
§ 143-133.4: Reserved for future codification purposes.
§ 143-133.5. Public contracts; labor organizations.
§ 143-134. Applicable to Department of Transportation and Department of Public Safety; exceptions; all contracts subject to review by Attorney General and State Auditor.
§ 143-134.1. Interest on final payments due to prime contractors; payments to subcontractors.
§ 143-134.2. Actions by contractor on behalf of subcontractor.
§ 143-134.3. No damage for delay clause.
§ 143-135. Limitation of application of Article.
§ 143-135.1. State buildings exempt from county and municipal building requirements; consideration of recommendations by counties and municipalities.
§ 143-135.2. Contracts for restoration of historic buildings with private donations.
§ 143-135.3. Adjustment and resolution of State board construction contract claim.
§ 143-135.4. Authority of Department of Administration not repealed.
§ 143-135.5. State policy; cooperation in promoting the use of small, minority, physically handicapped and women contractors; purpose.
§ 143-135.6. Adjustment and resolution of community college board construction contract claim.
§ 143-135.9. Best Value procurements.
Article 8A - Board of State Contract Appeals.
§§ 143-135.10 through 143-135.24: Repealed by Session Laws 1987, c. 847, s. 5.
Article 8B - State Building Commission.
§ 143-135.25. State Building Commission – Creation; staff; membership; appointments; terms; vacancies; chairman; compensation.
§ 143-135.26. Powers and duties of the Commission.
§ 143-135.27. Definition of capital improvement project.
§ 143-135.28. Conflict of interest.
§ 143-135.29. Review of Military Lands Protection Act proposals.
§ 143-135.30. Reserved for future codification purposes.
§ 143-135.31. Reserved for future codification purposes.
§ 143-135.32. Reserved for future codification purposes.
§ 143-135.33. Reserved for future codification purposes.
§ 143-135.34. Reserved for future codification purposes.
Article 8C - Performance Standards for Sustainable, Energy Efficient Public Buildings.
§ 143-135.35. Findings; legislative intent.
§ 143-135.37. Energy and water use standards for public major facility construction and renovation projects; verification and reporting of energy and water use.
§ 143-135.38. Use of other standard when standard not practicable.
§ 143-135.39. Guidelines for administering the Sustainable Energy-Efficient Buildings Program.
§ 143-135.40. Monitor construction standards and sustainable building standards.
Article 9 - Building Code Council and Building Code.
§ 143-136. Building Code Council created; membership, committees.
§ 143-137. Organization of Council; rules; meetings; staff; fiscal affairs.
§ 143-138. North Carolina State Building Code.
§ 143-138.1. Introduction and instruction of the North Carolina Building Code; posting of written commentaries and interpretations on Department of Insurance Web site.
§ 143-139. Enforcement of Building Code.
§ 143-139.1. Certification of manufactured buildings, structures or components by recognized independent testing laboratory; minimum standards for modular homes.
§ 143-139.2. Enforcement of insulation requirements; certificate for occupancy; no electric service without compliance.
§ 143-139.3. Inspection of liquified petroleum gas piping systems for residential structures.
§ 143-139.4. Certain building inspections by State.
§ 143-140. Hearings before enforcement agencies as to questions under Building Code.
§ 143-140.1. Appeals of alternative design construction and methods.
§ 143-141. Appeals to Building Code Council.
§ 143-142. Further duties of the Building Code Council.
§ 143-143. Effect on certain existing laws.
§ 143-143.1. Repealed by Session Laws 1971, c. 882, s. 1.
§ 143-143.2. Electric wiring of houses, buildings, and structures.
§ 143-143.3. Temporary toilet facilities at construction sites.
§ 143-143.4. Door lock exemption for certain businesses.
§ 143-143.5. Access to toilets in shopping malls.
§ 143-143.6. Expired pursuant to Session Laws 2007-82, s. 2, effective July 1, 2009.
§ 143-143.7: Reserved for future codification purposes.
Article 9A - North Carolina Manufactured Housing Board – Manufactured Home Warranties.
§ 143-143.10. Manufactured Housing Board created; membership; terms; meetings.
§ 143-143.10A. Criminal history checks of applicants for licensure.
§ 143-143.11. License required; application for license.
§ 143-143.11A. Notification of change of address, control of ownership, and bankruptcy.
§ 143-143.13. Grounds for denying, suspending, or revoking licenses; civil penalties.
§ 143-143.17. Presenting claims for warranties and substantial defects.
§ 143-143.20. Disclosure of manner used in determining length of manufactured homes.
§ 143-143.20A. Display of pricing on manufactured homes.
§ 143-143.21: Repealed by Session Laws 1993, c. 409, s. 6.
§ 143-143.21A. Purchase agreements; buyer cancellations.
§ 143-143.21B. Dealer cancellation; deposit refund.
§ 143-143.22. Inspection of service records.
§ 143-143.23. Other remedies not excluded.
§ 143-143.24. Engaging in business without license a Class 1 misdemeanor.
§ 143-143.25. Staff support for Board.
§§ 143-143.26 through 143-143.49: Reserved for future codification purposes.
§ 143-143.50. Escrow or trust account required.
§ 143-143.51. Use of escrow or trust funds; penalty for violations.
§ 143-143.52. Minimum requirements for dealer records for escrow or trust accounts at banks.
§ 143-143.53. Accountings for escrow or trust funds.
§ 143-143.54. Audits and record inspection.
Article 9B - Uniform Standards Code For Manufactured Homes.
§ 143-146. Statement of policy; rule-making power.
§ 143-147. Structures built under previous standards.
§ 143-148. Certain structures excluded from coverage.
§ 143-149. Necessity for obtaining label for purposes of sale.
§ 143-150. No electricity to be furnished units not in compliance.
§ 143-151.4. Notification of defects and correction procedures.
§ 143-151.6. Reserved for future codification purposes.
§ 143-151.7. Reserved for future codification purposes.
Article 9C - North Carolina Code Officials Qualification Board.
§ 143-151.9. North Carolina Code Officials Qualification Board established; members; terms; vacancies.
§ 143-151.11. Chairman; vice-chairman; other officers; meetings; reports.
§ 143-151.13. Required standards and certificates for Code-enforcement officials.
§ 143-151.13A. Professional development program for officials.
§ 143-151.15. Return of certificate to Board; reissuance by Board.
§ 143-151.16. Certification fees; renewal of certificates; examination fees.
§ 143-151.17. Grounds for disciplinary actions; investigation; administrative procedures.
§ 143-151.18. Violations; penalty; injunction.
§ 143-151.20. Donations and appropriations.
§ 143-151.21. Disposition of fees.
§§ 143-151.22 through 143-151.25. Reserved for future codification purposes.
Article 9D - Enforcement of Building Code Insulation and Energy Utilization Standards.
§§ 143-151.26 through 143-151.41. Repealed by Session Laws 1999-393, s. 3, effective August 4, 1999.
Article 9E - Master Electrical and Natural Gas Meters Prohibited.
§ 143-151.42. Prohibition of master meters for electric and natural gas service.
Article 9F - North Carolina Home Inspector Licensure Board.
§ 143-151.46. North Carolina Home Inspector Licensure Board established; members; terms; vacancies.
§ 143-151.47. Compensation of Board members.
§ 143-151.48. Election of officers; meetings of Board.
§ 143-151.49. Powers and responsibilities of Board.
§ 143-151.50. License required to perform home inspections for compensation or to claim to be a "licensed home inspector".
§ 143-151.51. Requirements to be licensed as a home inspector.
§ 143-151.52: Repealed by Session Laws 2009-509, s. 3.3, effective October 1, 2013.
§ 143-151.53. Notification to applicant following evaluation of application.
§ 143-151.54. Miscellaneous license provisions.
§ 143-151.55. Renewal of license; inactive licenses; lapsed licenses.
§ 143-151.56. Suspension, revocation, and refusal to renew license.
§ 143-151.58. Duties of licensed home inspector.
§ 143-151.59. Violation is a misdemeanor.
§ 143-151.61: Repealed by Session Laws 2009-509, s. 3.3, effective October 1, 2013.
§ 143-151.62. Persons and practices not affected.
§ 143-151.64. Continuing education requirements.
§ 143-151.65: Reserved for future codification purposes.
§ 143-151.66: Reserved for future codification purposes.
§ 143-151.67: Reserved for future codification purposes.
§ 143-151.68: Reserved for future codification purposes.
§ 143-151.69: Reserved for future codification purposes.
Article 9G - Military Lands Protection.
§ 143-151.73. Certain buildings and structures prohibited without endorsement.
§ 143-151.74. Exemptions from applicability.
§ 143-151.75. Endorsement for proposed tall buildings or structures required.
§ 143-151.76. Application to existing tall buildings and structures.
§ 143-151.77. Enforcement and penalties.
Article 10 - Various Powers and Regulations.
§ 143-152. Injury to water supply misdemeanor.
§ 143-153. Keeping swine near State institutions; penalty.
§ 143-154. Expenditures for departments and institutions; accounting and warrants.
§ 143-155. Repealed by Session Laws 1983, c. 913, s. 36, effective July 22, 1983.
§ 143-156. Certain institutions to report to Governor and General Assembly.
§ 143-157. Reports of departments and institutions; investigations and audits.
§ 143-157.1. Reports on gender-proportionate appointments to statutorily created decision-making regulatory bodies.
§ 143-159. Governor given authority to direct investigation.
§ 143-160. Conduct of investigation.
§ 143-161. Stenographic record of proceedings.
§ 143-162: Repealed by Session Laws 1955, c. 984.
§ 143-162.1. First menu operator access.
§ 143-162.2. Use of public property by production companies.
Article 11 - Revenue Bonds and Governmental Aid.
§ 143-163. State agencies may issue bonds to finance certain public undertakings.
§ 143-164. Acceptance of federal loans and grants permitted.
§ 143-165. Approval by Governor and Council of State necessary; covenants in resolutions authorizing bonds.
Article 12 - Law-Enforcement Officers' Retirement System.
§§ 143-166 through 143-166.04: Repealed by Session Laws 1985, c. 479, s. 196(t).
Article 12A - Public Safety Employees' Death Benefits Act.
§ 143-166.4. Funds; conclusiveness of award.
§ 143-166.5. Other benefits not affected.
§ 143-166.6. Awards exempt from taxes.
§ 143-166.7. Applicability of Article.
§§ 143-166.8 through 143-166.12. Reserved for future codification purposes.
Article 12B - Salary Continuation Plan for Certain State Law-Enforcement Officers.
§ 143-166.13. Persons entitled to benefits under Article.
§ 143-166.14. Payment of salary notwithstanding incapacity; Workers' Compensation Act applicable after two years; duration of payment.
§ 143-166.15. Application of § 97-27; how payments made.
§ 143-166.16. Effect on workers' compensation and other benefits; application of § 97-24.
§ 143-166.17. Period of incapacity not charged against sick leave or other leave.
§ 143-166.18. Report of incapacity.
§ 143-166.19. Determination of cause and extent of incapacity; hearing before Industrial Commission; appeal; effect of refusal to perform duties.
§§ 143-166.21 through 143-166.29. Reserved for future codification purposes.
Article 12C - Retirement Benefits for State Law-Enforcement Officers.
§ 143-166.30. Retirement benefits for State law-enforcement officers.
§§ 143-166.31 through 143-166.39. Reserved for future codification purposes.
Article 12D - Separation Allowances for Law-Enforcement Officers.
§ 143-166.40. Rules for selection and retention of law-enforcement officers; rules exempt from Administrative Procedure Act.
§ 143-166.41. Special separation allowance.
§ 143-166.42. Special separation allowances for local officers.
§ 143-166.43. Separation buyouts for law enforcement officers.
§ 143-166.44: Reserved for future codification purposes.
§ 143-166.45: Reserved for future codification purposes.
§ 143-166.46: Reserved for future codification purposes.
§ 143-166.47: Reserved for future codification purposes.
§ 143-166.48: Reserved for future codification purposes.
§ 143-166.49: Reserved for future codification purposes.
Article 12E - Retirement Benefits for Local Governmental Law-Enforcement Officers.
§ 143-166.50. Retirement benefits for local governmental law-enforcement officers.
§§ 143-166.51 through 143-166.59. Reserved for future codification purposes.
Article 12F - Separate Insurance Benefits Plan for State and Local Governmental Law-Enforcement Officers.
§ 143-166.60. Separate insurance benefits plan for law-enforcement officers.
§§ 143-166.61 through 143-166.69. Reserved for future codification purposes.
Article 12G - Transfers of Assets of Law-Enforcement Officers' Retirement System to Other Retirement Systems.
§ 143-166.70. Transfers of assets of Law-Enforcement Officers' Retirement System to other retirement systems.
§§ 143-166.71 through 143-166.79. Reserved for future codification purposes.
Article 12H - Sheriffs' Supplemental Pension Fund Act of 1985.
§ 143-166.80. Short title and purpose.
§ 143-167. Transferred to G.S. 147-54.1 by Session Laws 1943, c. 543.
§ 143-169. Limitations on publications.
§ 143-169.1. State agency public document mailing lists to be updated.
§ 143-170. Repealed by Session Laws 1955, c. 986.
§ 143-170.1. Statement of cost of public documents; chief administrator charged with compliance.
§ 143-170.2. Publication procedure manuals.
§ 143-170.4. Administrative Office of the Courts; publications procedures manual; reports.
§ 143-170.5. Designated public documents to be printed on alkaline paper.
Article 14 - North Carolina Zoological Authority.
§§ 143-171 through 143-176.1: Repealed by Session Laws 1973, c. 1262, s. 85.
§§ 143-177 through 143-177.3: Recodified as G.S. 143B-135.210 through 143B-135.213 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.
Article 15 - Council of State Governments.
§§ 143-178 through 143-185: Repealed by Session Laws 1975, c. 879, s. 25.
§ 143-186. Council of State Governments a joint governmental agency.
§ 143-187. Transferred to G.S. 143-186 by Session Laws 1959, c. 137, s. 4.
§ 143-188: Repealed by Session Laws 1959, c. 137, s. 1.
Article 16 - Spanish-American War Relief Fund.
§§ 143-189 through 143-190: Repealed by Session Laws 1961, c. 481.
Article 17 - State Post-War Reserve Fund.
§ 143-191. Appropriation for fund.
§ 143-192. Fund to be invested by Governor and Council of State; State Treasurer custodian.
§ 143-193. Fund to be held for such use as directed by General Assembly.
§ 143-194. Report to General Assembly.
Article 18 - Rules and Regulations Filed with Secretary of State.
§§ 143-195 through 143-198.1. Repealed by Session Laws 1973, c. 1331, s. 2.
Article 19 - Roanoke Island Historical Association.
§ 143-199. Association under patronage and control of State.
§ 143-200. Members of board of directors; terms; appointment.
§ 143-201. Bylaws; officers of board.
§ 143-202. Exempt from taxation; gifts and donations.
§ 143-202.1. Memorandum of Agreement for operation of Roanoke Festival Park and Elizabeth II State Historic Site and Visitor Center.
§ 143-202.2. Friends of Elizabeth II support for Roanoke Island Festival Park.
§ 143-202.3. Historic Roanoke Island Fund.
§ 143-202.4. Roanoke Island Festival Park staff.
§ 143-203. Repealed by Session Laws 1983, c. 913, s. 39, effective July 22, 1983.
§ 143-204. Repealed by Session Laws 1977, c. 996, s. 3.
Article 19A - Governor Richard Caswell Memorial Commission.
§§ 143-204.1 through 143-204.4. Repealed by Session Laws 1973, c. 476, s. 116.
Article 19B - Historic Swansboro Commission.
§§ 143-204.5 through 143-204.7. Repealed by Session Laws 1973, c. 476, s. 116.
Article 19C - Outdoor Historical Dramas.
§ 143-204.8. Allotments to outdoor historical dramas.
Article 20 - Recreation Commission.
§§ 143-205 through 143-210.1: Repealed by Session Laws 1969, c. 1145, s. 4.
Article 21 - Water and Air Resources.
§ 143-211. Declaration of public policy.
§ 143-214. Repealed by Session Laws 1973, c. 1262, s. 23.
§ 143-214.1. Water; water quality standards and classifications; duties of Commission.
§ 143-214.2A. Prohibited disposal of medical waste.
§ 143-214.2B. Storage of waste on vessels.
§ 143-214.3. Revision to water quality standard.
§ 143-214.4. Certain cleaning agents containing phosphorus prohibited.
§ 143-214.5. Water supply watershed protection.
§ 143-214.6: Repealed by Session Laws 2004-195, s. 3.1, effective August 17, 2004.
§ 143-214.7. Stormwater runoff rules and programs.
§ 143-214.7A. Stormwater control best management practices.
§ 143-214.7B. Fast-track permitting for stormwater management systems.
§ 143-214.7C. Prohibit the requirement of mitigation for certain impacts; establish threshold for mitigation of impacts to streams.
§ 143-214.8. Division of Mitigation Services: established.
§ 143-214.9. Division of Mitigation Services: purposes.
§ 143-214.10. Division of Mitigation Services: development and implementation of basinwide restoration plans.
§ 143-214.11. Division of Mitigation Services: compensatory mitigation.
§ 143-214.12. Division of Mitigation Services: Ecosystem Restoration Fund.
§ 143-214.13. Division of Mitigation Services: reporting requirement.
§ 143-214.14. Cooperative State-local coalition water quality protection plans.
§ 143-214.15. Compensatory mitigation for diverse habitats.
§§ 143-214.16 through 143-214.19. Reserved for future codification purposes.
§ 143-214.20. Riparian Buffer Protection Program: Alternatives to maintaining riparian buffers; compensatory mitigation fees.
§ 143-214.21. Riparian Buffer Protection Program: Riparian Buffer Restoration Fund.
§ 143-214.22. Riparian Buffer Protection Program: Department may accept donations of real property.
§ 143-214.23. Riparian Buffer Protection Program: Delegation of riparian buffer protection requirements to local governments.
§ 143-214.23A. Limitations on local government riparian buffer requirements.
§ 143-214.24. Riparian Buffer Protection Program: Coordination with River Basin Associations.
§ 143-214.25A. Riparian Buffer Protection Program: Surface Water Identification Training and Certification Program.
§ 143-214.26. Nutrient offset credits.
§ 143-215. Effluent standards or limitations.
§ 143-215.1. Control of sources of water pollution; permits required.
§ 143-215.1A. Closed-loop groundwater remediation systems allowed.
§ 143-215.1B. Extension of date for compliance with nitrogen and phosphorus discharge limits.
§ 143-215.1C. Report to wastewater system customers on system performance; report discharge of untreated wastewater to the Department; publication of notice of discharge of untreated wastewater and waste.
§ 143-215.2A. Relief for contaminated private drinking water wells.
§ 143-215.3. General powers of Commission and Department; auxiliary powers.
§ 143-215.3A. Water and Air Quality Account; use of application and permit fees; Title V Account; I & M Air Pollution Control Account; reports.
§ 143-215.3B: Repealed by Session Laws, 2005-454, s. 8, effective January 1, 2006.
§ 143-215.3C. Confidential information protected.
§ 143-215.3D. Fee schedule for water quality permits.
§ 143-215.3E. (Expires December 31, 2020) Authority of Governor to require facility to cease operations and activities for unauthorized PFAS discharges or releases.
§ 143-215.4. Mailing list for rules; procedures for public input; form of order or decision; seal; official notice.
§ 143-215.6: Recodified as §§ 143-215.6A through 143-215.6C.
§ 143-215.6A. Enforcement procedures: civil penalties.
§ 143-215.6B. Enforcement procedures: criminal penalties.
§ 143-215.6C. Enforcement procedures; injunctive relief.
§ 143-215.6D. Additional requirements applicable to certain municipal wastewater treatment facilities.
§ 143-215.6E. Violation Points System applicable to swine farms.
§ 143-215.7. Effect on laws applicable to public water supplies and the sanitary disposal of sewage.
§ 143-215.8. Repealed by Session Laws 1973, c. 698, s. 13.
§ 143-215.8B. Basinwide water quality management plans.
§ 143-215.8C: Repealed by Session Laws 2005-386, s. 2.1, effective December 1, 2005.
§ 143-215.8D. North Carolina Water Quality Workgroup; Rivernet.
§ 143-215.9. Restrictions on authority of the Commission.
§ 143-215.9B. Systemwide municipal and domestic wastewater collection system permit program report.
§ 143-215.9C. Use of certain types of culverts allowed.
§ 143-215.9D. Agricultural operation investigations confidential.
§ 143-215.9E. Initial consideration of complaint.
§ 143-215.10: Repealed by Session Laws 1973, c. 1262, s. 23.
§ 143-215.10A. Legislative findings and intent.
§ 143-215.10C. Applications and permits.
§ 143-215.10E. Violations requiring immediate notification.


“Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 114 S.Ct. 1673, 1675 (1994). There is a presumption that a suit lies outside that limited jurisdiction. Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001). The burden of establishing grounds for jurisdiction rests on the party who seeks the federal forum. Settlement Funding, LLC v. Rapid Settlements, Limited, 851 F.3d 530, 537 (5th Cir. 2017).
Baker filed this civil action based on an assertion of diversity jurisdiction, which puts the burden on Baker to set forth facts that show there is complete diversity of citizenship. The court has now issued two orders (Docs. 6 and 8) that explained in careful detail exactly what Baker must allege to meet its burden. Baker has now filed an original and two amended complaints but has yet to meet that burden.
The Second Amended Complaint (Doc. 11) alleges that Baker has one member, William Charles Construction Company, LLC. That LLC is said to have two members. The first of them is William Charles, Ltd., “a corporation which is a citizen of the State of Illinois.” That is not adequate to allege the citizenship of William Charles, Ltd.
As the court explained in the first order, a corporation is deemed to be a citizen of (1) the state in which it was incorporated and (2) the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1). To establish diversity jurisdiction, a complaint or notice of removal must set forth “with specificity” a corporate party's state of incorporation and its principal place of business. “Where the plaintiff [or removing party] fails to state the place of incorporation or the principal place of business of a corporate party, the pleadings are inadequate to establish diversity.” Joiner v. Diamond M Drilling Co., 677 F.2d 1035, 1039 (5th Cir. 1982). The Fifth Circuit requires strict adherence to these straightforward rules. Howery v. Allstate Ins. Co., 243 F.3d 912, 919 (5th Cir. 2001). Baker needs to allege that “William Charles, Ltd. was incorporated in the State of and has it principal place of business in the State of .” Each blank must be filled in with the name of a state.