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LINDER v. WAKE COUNTY BD. OF EDUCATION

No. 8010SC527.

273 S.E.2d 735 (1981)

In the Matter of the Education of Kathryn Dianne LINDER v. WAKE COUNTY BOARD OF EDUCATION and The North Carolina Department of Public Instruction and Its Chief Administrative Officer, A. Craig Phillips, Intervenors.

Court of Appeals of North Carolina.

January 20, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Kaye R. Webb, Raleigh, for the North Carolina Department of Public Instruction, and Tharrington, Smith & Hargrove by George T. Rogister, Jr., Raleigh, for the Wake County Bd. of Ed., respondents-appellants.

Johnson, Gamble & Shearon by David R. Shearon, Raleigh, for petitioners-appellees.

CLARK, Judge.

This Court reverses the judgment of the Superior Court and remands this case for dismissal. No judgment should have been entered in this case for the reason that the petitioners in the original hearing, the parents of Kathryn Dianne Linder, lacked standing.

The Linders clearly have no stake in the funds themselves. Even if no governmental entity ever provided necessary funds, the parents of a special child such as Kathryn could never, under present...

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