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HUGHEY v. CLONINGER

No. 4.

253 S.E.2d 898 (1979)

James F. HUGHEY v. Polie Q. CLONINGER, George A. Jenkins, Bud Black, Gene Carson, Harley B. Gaston, Jr., Robert A. Heavner, and Charles A. Rhyne, County Commissioners of Gaston County, and Gaston County.

Supreme Court of North Carolina.

April 20, 1979.

Attorney(s) appearing for the Case

Roberts & Planer, P. A. by Joseph B. Roberts, III, Gastonia, for plaintiff-appellee.

Hollowell, Stott & Hollowell by Grady B. Stott; Whitesides & Robinson by Henry M. Whitesides, Gastonia, for defendants-appellants.

Charles Ronald Aycock and Durward Franklin Gunnells, Raleigh, for amicus curiae, North Carolina Ass'n of County Com'rs.

Tharrington, Smith & Hargrove by George T. Register, Jr., Raleigh, for amicus curiae, North Carolina School Boards, Ass'n.

Chambers, Stein, Ferguson & Becton, P. A. by James C. Fuller, Jr., Charlotte, for amicus curiae, North Carolina Ass'n of Educators.

HUSKINS, Justice:

This appeal challenges the legality of an appropriation made by the Gaston County Board of Commissioners to the Dyslexia School of North Carolina, Inc.

It is axiomatic that a county has no power to appropriate funds unless authorized to do so by the General Assembly. The General Assembly determines the purposes for which a county may appropriate funds, which funds shall be utilized, and the manner in which appropriations are to be made. As...

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