CANNON v. N.C. STATE BD. OF EDUC.

No. 9210SC1211.

451 S.E.2d 302 (1994)

Hazard CANNON, Alvin Olds and Norman Phillips v. N.C. STATE BOARD OF EDUCATION, Durham County Board of Commissioners, Durham City Board of Education, Durham County Board of Education, and Durham County Board of Elections.

Court of Appeals of North Carolina.

December 20, 1994.


Attorney(s) appearing for the Case

Randall, Jervis & Hill by John C. Randall, Durham, for plaintiffs-appellants.

Atty. Gen. Michael F. Easley by Sr. Deputy Atty. Gen. Edwin M. Speas, Jr., Raleigh, for defendant-appellee N.C. State Bd. of Educ.

Tharrington, Smith & Hargrove by Michael Crowell and Jonathan Blumberg, and Durham County Atty.'s Office by Thomas Russell Odom, Raleigh, for defendants-appellees Durham County Bd. of Com'rs, Durham City Bd. of Educ., Durham County Bd. of Educ. and Durham County Bd. of Elections.


McCRODDEN, Judge.

In determining whether the trial court erred in finding plaintiffs' claim moot, we must consider whether the legislature's enactment of legislation cured action, i.e., the merger of the Durham schools systems, that the trial court had previously ruled unconstitutional. We find that it did not, and we reverse the trial court.

In their original complaint, plaintiffs alleged, among other things that they would lose "substantial voting...

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