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CANNON v. STATE BOARD OF EDUCATION

No. 48A95.

464 S.E.2d 43 (1995)

342 N.C. 399

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.

Supreme Court of North Carolina.

December 8, 1995.

Attorney(s) appearing for the Case

Randall, Jervis, & Hill by John C. Randall, Durham, for plaintiff-appellees.

Michael F. Easley, Attorney General by Edwin M. Speas, Jr., Raleigh, Senior Deputy Attorney General, for defendant-appellant State Board of Education; and Durham County Attorney's Office by Thomas Russell Odom, Durham, and Tharrington Smith by Michael Crowell, Raleigh, for defendant-appellant Durham County.

PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion of Judge Wynn. As to plaintiffs' contention that the method of electing the merged school board is racially discriminatory, we conclude that the issue is not properly before this Court. Plaintiffs never filed pleadings in this matter alleging racial discrimination and thus did not properly present the issue for determination by the trial court.

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