NORTH CAROLINA SCHOOL BOARDS ASSOCIATION; Wake County Board of Education; Durham Public Schools Board of Education; Johnston County Board of Education; Buncombe County Board of Education; Edgecombe County Board of Education; and Lenoir County Board of Education
v.
Richard H. MOORE, State Treasurer; Robert Powell, State Controller; David McCoy, State Budget Officer; Phillip J. Kirk, Jr., Chairman of the State Board of Education; Michael E. Ward, State Superintendent of Public Instruction; Roy Cooper, Attorney General of North Carolina; E. Norris Tolson, Secretary of the North Carolina Department of Revenue; Lyndo Tippett, Secretary of the North Carolina Department of Transportation; Carol Howard, North Carolina Commissioner of Motor Vehicles; Molly Corbett Broad, President of the University of North Carolina; James Moeser, Chancellor of the University of North Carolina at Chapel Hill; Marye Anne Fox, Chancellor of North Carolina State University at Raleigh; William G. Ross, Jr., Secretary of the North Carolina Department of Environment and Natural Resources; Jim Fain, Secretary of the North Carolina Department of Commerce; Carmen Hooker Buell, Secretary of the North Carolina Department of Health and Human Services; L. Thomas Lunsford, II, Executive Director of the North Carolina State Bar; Raymond W. Goodman, Jr., Chairman of the North Carolina Employment Security Commission; Sandra O'Brien, Executive Secretary of the North Carolina Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors; Robert L. Brooks, Executive Director of the North Carolina Board of Examiners of Electrical Contractors; Douglas H. Van Essen, Executive Secretary of the North Carolina Board of Cosmetic Art Examiners; each of whom is sued in his or her official capacity only.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
July 1, 2005.
July 1, 2005.
Attorney(s) appearing for the Case
Tharrington Smith, L.L.P., by Michael Crowell, and Roberts & Stevens, P.A., by Cynthia Grady, Raleigh, for plaintiff-appellants/appellees.
Roy Cooper, Attorney General, by W. Dale Talbert, Special Deputy Attorney General, for defendant-appellants/appellees Tippett, Howard, and Ross and defendant-appellees Moore, Powell, McCoy, Kirk, Ward, Cooper, Tolson, Broad, Moeser, Fox, Fain, Buell, Lunsford, Goodman, and Van Essen.
Young Moore and Henderson, P.A., by John N. Fountain and Reed N. Fountain, Raleigh, for defendant-appellees O'Brien and Brooks.
Allen and Pinnix, P.A., by Noel L. Allen, Raleigh, for North Carolina Board of Architecture and North Carolina Board of Funeral Service, amici curiae.
Bailey & Dixon, L.L.P., by Carson Carmichael, III, and Anna Baird Choi, Raleigh, for North Carolina Licensing Board for General Contractors and North Carolina Board of Pharmacy, amici curiae.
Supreme Court of North Carolina.
PARKER, Justice.
The Court in this appeal considers the proper implementation of the constitutional mandate in Article IX, Section 7 of the North Carolina Constitution, which provides:
All moneys, stocks, bonds, and other property belonging to a county school fund, and the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State...
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