LEANDRO v. STATE

No. 179PA96.

488 S.E.2d 249 (1997)

346 N.C. 336

Kathleen M. LEANDRO, individually and as guardian ad litem of Robert A. Leandro; Steven R. Sunkel, individually and as guardian ad litem for Andrew J. Sunkel; Clarence L. Pender, individually and as guardian ad litem of Schnika N. Pender; Tyrone T. Williams, individually and as guardian ad litem of Trevelyn L. Williams; D.E. Locklear, Jr., individually and as guardian ad litem of Jason E. Locklear; Angus B. Thompson, II, individually and as guardian ad litem of Vandaliah J. Thompson; Jennie G. Pearson, individually and as guardian ad litem of Sharese D. Pearson; Wayne Tew, individually and as guardian ad litem of Natosha L. Tew; Dana Holton Jenkins, individually and as guardian ad litem of Rachel M. Jenkins; Floyd Vick, individually and as guardian ad litem of Ervin D. Vick; Hoke County Board of Education; Halifax County Board of Education; Robeson County Board of Education; Cumberland County Board of Education; Vance County Board of Education, Plaintiffs, and Cassandra Ingram, individually and as guardian ad litem of Darris Ingram; Carol Penland, individually and as guardian ad litem of Jeremy Penland; Darlene Harris, individually and as guardian ad litem of Shamek Harris; Nettie Thompson, individually and as guardian ad litem of Annette Renee Thompson; David Martinez, individually and as guardian ad litem of Daniela Martinez; Ophelia Aiken, individually and as guardian ad litem of Brandon Bell; Asheville City Board of Education; Buncombe County Board of Education; Charlotte-Mecklenburg Board of Education; Durham Public Schools Board of Education; Wake County Board of Education; Winston Salem/Forsyth County Board of Education, Plaintiffs-Intervenors, v. STATE of North Carolina; State Board of Education, Defendants.

Supreme Court of North Carolina.

July 24, 1997.


Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein L.L.P. by Robert W. Spearman and Robert H. Tiller, Raleigh; and Hux, Livermon & Armstrong by H. Lawrence Armstrong, Jr., Enfield, for plaintiffs-appellants and -appellees.

Smith Helms Mulliss & Moore, L.L.P. by Richard W. Ellis, Raleigh, for plaintiffs-intervenors-appellants and -appellees.

Michael F. Easley, Attorney General by Edwin M. Speas, Jr., Senior Deputy Attorney General, and Ronald M. Marquette and Tiare B. Smiley, Special Deputy Attorneys General, for defendants-appellants -appellees.

North Carolina School Boards Association by Ann W. McColl, Raleigh, amicus curiae.

Petree Stockton, L.L.P. by M. Gray Styers, Jr., Raleigh, on behalf of Eastern North Carolina Chamber of Commerce, amicus curiae.

North Carolina Education and Law Project by Gregory C. Malhoit, Carlene McNulty and Stephon J. Bowens, Raleigh; and Legal Services of North Carolina by Deborah M. Weissman and John Vail, Raleigh, amici curiae.

Everett, Gaskins, Hancock & Stevens by William G. Hancock, Hugh Stevens and Jeffrey B. Parsons, Raleigh, on behalf of the North Carolina Low Wealth Schools Funding and Equalization Consortium and Education: Everybody's Business Coalition, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Michael Weddington, B. Davis Horne, Jr. and Robert J. Morris, Raleigh, on behalf of the Small Rural School Consortium, amicus curiae.

John Charles Boger, Chapel Hill; Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. by Ann Hubbard, Chapel Hill; and Debra K. Ross, Legal Director, Raleigh, on behalf of the American Civil Liberties Union of North Carolina, amicus curiae.


MITCHELL, Chief Justice.

Plaintiffs originally brought this action in Halifax County. Defendants moved for a transfer of venue to Wake County contending that under N.C.G.S. § 1-77(2), Wake County was the only proper venue for this action against public officers. Judge E. Maurice Braswell entered an order on 19 January 1995 transferring venue to Wake County and directing that all papers relating to this suit be forwarded...

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