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STATE v. WHITTLE COMMUNICATIONS

No. 164PA90.

402 S.E.2d 556 (1991)

328 N.C. 456

The STATE of North Carolina; the North Carolina State Board of Education; and Bob Etheridge, State Superintendent of Public Instruction, Plaintiffs, v. WHITTLE COMMUNICATIONS and the Thomasville City Board of Education, Defendants-Counterclaimants. The DAVIDSON COUNTY BOARD OF EDUCATION, Defendant-Intervenor and Counterclaimant, v. The STATE of North Carolina; the North Carolina State Board of Education; and Bob Etheridge, State Superintendent of Public Instruction; and Howard S. Haworth; Barbara M. Tapscott; Kenneth R. Harris; Teena Smith Little; W.C. Meekins, Jr.; Mary B. Morgan; Patricia H. Neal; Cary C. Owen; Donald D. Pollock; Prezell R. Robinson; Norma B. Turnage; State Treasurer Harlan E. Boyles; and Lt. Governor James C. Gardner; in their official capacities as members of the North Carolina State Board of Education, Counterclaim Defendants.

Supreme Court of North Carolina.

April 3, 1991.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Edwin M. Speas, Jr., Sr. Deputy Atty. Gen., and Laura E. Crumpler, Asst. Atty. Gen., Raleigh, for the State.

Hunton & Williams by John R. McArthur, Raleigh, for Whittle Communications.

Russell W. Batten, Thomasville, for Thomasville City Bd. of Educ.

Brinkley, Walser, McGirt, Miller, Smith & Coles by Walter F. Brinkley, Lexington, for Davidson County Bd. of Educ.

George T. Rogister, Jr. and Rod Malone, Raleigh, for North Carolina School Boards Ass'n, amicus curiae.

FRYE, Justice.

Plaintiffs bring this appeal from the order by Judge Stephens filed on 8 March 1990 which, among other things, granted defendants' motion to dismiss plaintiffs' complaint under Rule 12(b)(6), decided ex mero motu that plaintiffs' complaint was dismissed for lack of subject matter jurisdiction, and declared that the contracts at issue are not invalid, unlawful, or otherwise unenforceable under North Carolina law. Plaintiffs raise three issues...

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