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BANKS v. COUNTY OF BUNCOMBE

No. COA97-180.

494 S.E.2d 791 (1998)

Terry W. BANKS, individually and as guardian ad litem of Terecia L. Banks; Deborah P. Bowman, individually and as guardian ad litem of K. Dawn Bowman; Susan G. Cameron, individually and as guardian ad litem of Carrie D. Cameron; Michael W. Moore, individually and as guardian ad litem of Matthew W. Moore; Paul J. Pless, Jr., individually and as guardian ad litem of Joseph H. Pless; Bennie Lee Tate, individually and as guardian ad litem of Charmie A. Tate; and The Buncombe County Board of Education, a body corporate, Plaintiffs-Appellants, v. The COUNTY OF BUNCOMBE, a body politic and corporate of the State of North Carolina; and The Board of Commissioners for the County of Buncombe, governing board of the County of Buncombe, Defendants-Appellees, and Asheville City Board of Education, a body corporate, Intervenor Defendant-Appellee.

Court of Appeals of North Carolina.

January 6, 1998.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A. by Walter L. Currie and Cynthia S. Lopez, Asheville, for plaintiffs-appellants.

Joseph A. Connolly, Buncombe County Attorney, for defendants-appellees Buncombe County and the Board of Commissioners for Buncombe County.

Schwartz & Shaw, P.L.L.C. by Richard A. Schwartz and Brian C. Shaw, Raleigh, for intervenor defendant-appellee, Asheville City Board of Education.

WALKER, Judge.

Buncombe County (the County) contains two separate school districts, the Buncombe County Schools (County Schools) and the Asheville City Schools (City Schools). The average daily membership (ADM) for the County Schools for fiscal years 1993-94 (FY 1993-94) and 1994-95 (FY 1994-95) was eighty-four percent (84%) of the total student population of the County, while the ADM for the City Schools during the same time period was sixteen percent (16%).

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