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WHITMIRE v. COOPER

No. COA01-1566.

570 S.E.2d 908 (2002)

Jerry T. WHITMIRE, James F. Miller, III, and Mark Searcy, for themselves and on behalf of all other taxpayers of the State of North Carolina similarly situated, and Trudi Walend, a duly elected Representative to the North Carolina House of Representatives, Plaintiffs, v. Roy A. COOPER, Attorney General of the State of North Carolina; Joseph M. Hester, Jr., Caroline B. Ansbacher, John DeForest Costlow, Karen Cragnolin, Allan Holt Gwyn, John Carter Hogan, Allen Maynard Hardison, William E. Holland, Jr., Robert Dare Howard, Elizabeth Johns, Leland McKinley Simmons, C. Leroy Smith, Charles R. Wakild, Claudette Weston, and Augustus Drewry Willis, III, individually and as Trustees of the North Carolina Clean Water Management Trust Fund; Bill Holman; The State of North Carolina; The North Carolina Department of Administration; and The North Carolina Department of Environment and Natural Resources, Defendants.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Albert L. Sneed, Jr., Asheville, for plaintiffs-appellants.

Attorney General Roy Cooper by Senior Deputy Attorney General James C. Gulick and Special Deputy Attorney General John F. Maddrey, for defendants-appellees.

GREENE, Judge.

Plaintiffs appeal an order dated 26 October 2001 dismissing their complaint against the North Carolina Attorney General, the trustees of the North Carolina Clean Water Management Trust Fund (CWMTF), the State of North Carolina, the North Carolina Department of Administration, and the North Carolina Department of Environment and Natural Resources (NCDENR) (collectively Defendants).

On 24 September 2001, Plaintiffs, as taxpayers and citizens of...

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