NC SCHOOL BOARD ASSOCIATION v. Moore, 592 S.E.2d 692, 358 N.C. 155 (2004)

Feb. 5, 2004 · Supreme Court of North Carolina · No. 569A03.

592 S.E.2d 692, 358 N.C. 155

NORTH CAROLINA SCHOOL BOARDS ASSOCIATION; Wake County Board of Education; Durham Public Schools Board of Education; Johnston County Board of Education; Buncombe County Board of Education; Edgecombe County Board of Education; and Lenoir County Board of Education
v.
Richard H. MOORE, State Treasurer; Robert Powell, State Controller; David Mccoy, State Budget Officer; Phillip J. Kirk, Jr., Chairman of the State Board of Education; Michael E. Ward, State Superintendent of Public Instruction; Roy Cooper, Attorney General of North Carolina; E. Norris Tolson, Secretary of the North Carolina Department of Revenue; Lyndo Tippett, Secretary of the North Carolina Department of Transportation; Carol Howard, North Carolina Commissioner of Motor Vehicles; Molly Corbett Broad, President of the University of North Carolina; James Moeser, Chancellor of the University of North Carolina at Chapel Hill; Marye Anne Fox, Chancellor of the North Carolina State University at Raleigh; William G. Ross, Jr., Secretary of the North Carolina Department of Environment and Natural Resources; Jim Fain, Secretary of the North Carolina Department of Commerce; Carmen Hooker Buell, Secretary of the North Carolina Department of Health and Human Services; L. Thomas Lunsford, II, Executive Director of the North Carolina State Bar; Raymond W. Goodman, Jr., Chairman of the North Carolina Employment Security Commission; Sandra O'Brien, Executive Secretary of the North Carolina Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors; Robert L. Brooks, Executive Director of the North Carolina Board of Examiners of Electrical Contractors; Dougals H. Van Essen, Executive Secretary of the North Carolina Board of Cosmetic Art Examiners; each of whom is sued in his or her official capacity only.

No. 569A03.

Supreme Court of North Carolina.

February 5, 2004.

W. Dale Talbert, Special Deputy Attorney General, Celia Lata, Assistant Attorney General, for Tippett and Howard.

Michael Crowell, Raleigh, Kara L. Grice, Cynthia Grady, Asheville, Edwin M. Braswell, Jr., for N.C. School Board Assoc. et al.

John N. Fountain, Raleigh, for O'Brien and Brooks.

Prior report: 160 N.CApp. 253, 585 S.E.2d 418.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiffs in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 5th day of February 2004."

Upon consideration of the petition filed on the 21st day of October 2003 by Plaintiffs in this matter for discretionary review of additional issues of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 5th day of February 2004."

Accordingly, the new brief of the Plaintiffs shall be filed with this Court not more than 30 days from the date of certification of this order.