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SHAVITZ v. CITY OF HIGH POINT

No. 336P06.

648 S.E.2d 845 (2007)

HENRY H. SHAVITZ, for himself and others similarly situated 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.

Supreme Court of North Carolina.

June 27, 2007.

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.

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.

Andrew L. Romanet, Jr., General Counsel, Gregory F. Schwitzgebel III, Senior Assistant General Counsel, for 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.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant (City of High Point) on the 20th day of June 2006 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendant (Guilford County Brd. of Ed.), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss...

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