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CAUBLE v. CITY OF ASHEVILLE

No. 21.

271 S.E.2d 258 (1980)

Julius R. CAUBLE v. CITY OF ASHEVILLE.

Supreme Court of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Swain & Stevenson by Joel B. Stevenson and Robert S. Swain, Asheville, for plaintiff-appellee.

Patla, Straus, Robinson & Moore by Victor M. Buchanan, Asheville, for defendant-appellant.

Ernest H. Ball and Fred P. Baggett, Raleigh, for North Carolina League of Municipalities, amicus curiae.

Tharrington, Smith & Hargrove by George T. Rogister and Richard A. Schwartz, Raleigh, for North Carolina School Boards Association, Inc., amicus curiae.

BRANCH, Chief Justice.

The sole issue presented for decision is whether article IX, section 7, of our Constitution requires that the clear proceeds of the monies paid to defendant for violations of its overtime parking ordinance be appropriated to Buncombe County for the maintenance of its public schools. The pertinent provision of the North Carolina Constitution provides as follows:

All moneys, stocks, bonds, and other property belonging to a county school...

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