COUNTY OF CABARRUS v. TOLSON

No. COA04-594.

610 S.E.2d 443 (2005)

COUNTY OF CABARRUS, County of Alamance, County of Stokes, County of Caldwell County of Davie, Town of Garner, Town of Yanceyville, County of New Hanover, And Additional Local Governments to be Joined Upon Their Motion, Plaintiffs, v. Norris L. TOLSON, Secretary of Revenue of the State of North Carolina, Defendant.

Court of Appeals of North Carolina.

April 5, 2005.


Attorney(s) appearing for the Case

Boyce & Isley, P.L.L.C. by G. Eugene Boyce, R. Daniel Boyce and Philip R. Isley, Raleigh, for plaintiff-appellants.

Attorney General Roy Cooper, by Chief Deputy Attorney General Grayson G. Kelley, Special Deputy Attorney General John F. Maddrey, and Special Deputy Attorney General Norma S. Harrell, for defendant-appellee.


ELMORE, Judge.

Plaintiffs appeal an order granting a motion for summary judgment in favor of defendant. Plaintiffs argue that the trial court erred when it failed to determine that defendant violated the doctrine of separation of powers. For the reasons stated herein, we affirm.

On 5 February 2002 during a state budget crisis, the Governor issued Executive Order 19, entitled "Classroom Protection and Orderly Budget...

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