Winkler v. N.C. State Bd. of Plumbing, Heating & Fire Sprinkler Contractors

No. 319PA18 (N.C. June 5, 2020) · Supreme Court of North Carolina · June 5, 2020 · No. No. 319PA18

Summary

The Supreme Court of North Carolina addresses whether attorney’s fees may be awarded under N.C.G.S. § 6-19.1 in a disciplinary action brought by a licensing board. The court holds that the statute permits such an award but concludes that the Board acted with substantial justification, requiring reversal of the trial court’s attorney’s-fee award. The decision modifies and affirms the Court of Appeals.

Holdings

  1. N.C.G.S. § 6-19.1 does not categorically preclude a trial court from awarding attorney's fees in a disciplinary action by a licensing board.
  2. The Board acted with substantial justification in asserting that it had authority to discipline Winkler for the pool-heater work, so the statutory prerequisite for an attorney's-fee award was not satisfied.

Questions Presented

  1. Whether N.C.G.S. § 6-19.1 permits a trial court to award attorney's fees to a prevailing party in a disciplinary action by a licensing board.
  2. Whether the Board acted without substantial justification so that attorney's fees could be awarded under N.C.G.S. § 6-19.1.
  3. Whether the trial court abused its discretion by awarding attorney's fees for the administrative and judicial-review proceedings.

Disposition

other

Cases Cited (17)

  • City of Charlotte v. McNeely, 281 N.C. 684, 190 S.E.2d 179 (1972)(followed)
  • Applewood Props., LLC v. New S. Props., LLC, 366 N.C. 518, 742 S.E.2d 776 (2013)(followed)
  • N.C. Dep't of Corr. v. N.C. Med. Bd., 363 N.C. 189, 675 S.E.2d 641 (2009)(followed)
  • Diaz v. Div. of Soc. Servs., 360 N.C. 384, 628 S.E.2d 1 (2006)(followed)
  • Porsh Builders, Inc. v. City of Winston-Salem, 302 N.C. 550, 276 S.E.2d 443 (1981)(followed)
  • Stephens Co. v. Lisk, 240 N.C. 289, 82 S.E.2d 99 (1954)(followed)
  • State v. Bell, 184 N.C. 701, 115 S.E. 190 (1922)(followed)
  • Ocean Hill Joint Venture v. N.C. Dep't of Env't, Health & Nat. Res., 333 N.C. 318, 426 S.E.2d 274 (1992)(followed)
  • In the Matter of Appeal from the Civil Penalty Assessed for Violations of the SPCA, 324 N.C. 373, 379 S.E.2d 30 (1989)(followed)
  • Empire Power Co. v. N.C. Dep't of Env't, Health & Nat. Res., 337 N.C. 569, 447 S.E.2d 768 (1994)(followed)

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