No. 729PA86.

359 S.E.2d 472 (1987)

320 N.C. 533

James G. MARTIN, Governor of the State of North Carolina, and Grace J. Rohrer, Secretary of Administration v. Lacy H. THORNBURG, as Attorney General and as a member of the Council of State; Robert B. Jordan, III, Lieutenant Governor of the State of North Carolina; Thad Eure, Secretary of State; Edward Renfrow, State Auditor; Harlan E. Boyles, State Treasurer; Dr. A. Craig Phillips, Superintendent of Public Instruction; James A. Graham, Commissioner of Agriculture; John C. Brooks, Commissioner of Labor; James E. Long, Commissioner of Insurance, as members of the Council of State; and Lois Carlyle Berry.

Supreme Court of North Carolina.

September 3, 1987.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Hubert Humphrey, and Smith, Helms, Mulliss & Moore by Stephen P. Millikin and Alan W. Duncan, Greensboro, for plaintiff-appellants.

Lacy H. Thornburg, Atty. Gen., by Charles M. Hensey, Sp. Deputy Atty. Gen., Raleigh, and McCoy, Weaver, Wiggins, Cleveland & Raper by Richard Wiggins, Fayetteville, for defendant-appellees.

FRYE, Justice.

The factual situation presented in this case requires determination of the following questions: (1) Once the Department of Administration has submitted to the Council of State the lowest lease proposal in accordance with requirements set forth in lease specifications, does the Council of State have the authority to examine all lease proposals and to require the Department of Administration to negotiate and enter a lease other than the lease proposal...

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