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SHAVITZ v. CITY OF HIGH POINT

No. COA05-571.

630 S.E.2d 4 (2006)

Henry H. SHAVITZ, for himself and others similarly situated, Plaintiff, v. CITY OF HIGH POINT, a Municipal Corporation, Electronic Data Systems Corporation, a Corporation doing business in North Carolina, Allen L. Pearson, II, Peek Traffic, Inc., a Corporation doing business in North Carolina, Phil Wylie, Sreekanth Nandagiri, Arnold Koonce, Mayor of the City of High Point, Albert A. Campbell, M. Christopher Whitley, Aaron M. Christopher, Ronald B. Wilkins, M.C. Rowe, William S. Bencini, Jr., David B. Wall, each Members of the High Point City Council, Strib Boynton, City Manager of the City of High Point, and The Guilford County Board of Education, Defendants.

Court of Appeals of North Carolina.

May 16, 2006.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C., by Burley B. Mitchell, Jr., Sean E. Andrussier, Raleigh, and Gusti W. Frankel, Winston-Salem, for the City of High Point, defendant-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Robert J. King III, Jill R. Wilson, and Elizabeth V. LaFollette, Greensboro, for the Guilford County Board of Education, defendant-appellee.

General Counsel Andrew L. Romanet, Jr., Senior Assistant General Counsel Gregory F. Schwitzgebel III, and Senior Assistant City Attorney for the City of Charlotte Robert Hagemann, for the North Carolina League of Municipalities, amicus curiae.

Tharrington Smith, L.L.P., by Michael Crowell and Deborah Stagner; and Allison Schafer, Raleigh, for the North Carolina School Boards Association, amicus curiae.

McCULLOUGH, Judge.

Article IX, Section 7 of the North Carolina Constitution provides that "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, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools." N.C. Const. art. IX, § 7 (2003...

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