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STATE v. BERGER

No. 113A15.

794 S.E.2d 797 (2016)

STATE of North Carolina, upon the relation of Patrick L. McCrory, individually and in his official capacity as Governor of the State of North Carolina; James B. Hunt, Jr.; and James G. Martin v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; and, in their official capacities as members of the Coal Ash Management Commission, Harrell Jamison Auten III, Tim L. Bennett, D. Allen Hayes, Scott Flanagan, Rajaram Janardhanam, and Lisa D. Riegel.

Supreme Court of North Carolina.

January 28, 2016.

Attorney(s) appearing for the Case

John R. Wester , Attorney at Law, David C. Wright, III , Attorney at Law, Andrew A. Kasper , Attorney at Law, Charlotte, Robert C. Stephens, Jr. , Chief Legal Counsel, Jonathan R. Harris , Associate General Counsel, for McCrory, Patrick L., Governor.

John H. Culver, III , Attorney at Law, Charlotte, for Philip E. Berger.

Brian C. Fork , Attorney at Law, Raleigh, for Berger, Philip E. (Pres. Pro Tern)

Alexander McC. Peters , Special Deputy Attorney General, Melissa L. Trippe , Special Deputy Attorney General, Ann W. Matthews , Special Deputy Attorney General, for Coal Ash Management Commission.

Christopher G. Browning, Jr. , Attorney at Law, Raleigh, for Carolinas AGC, et al.

Robert F. Orr , Attorney at Law, Asheville, for North Carolina Institute for Constitutional Law.

E. Hardy Lewis , Attorney at Law, Raleigh, for Berry Cherie, et al.

Arch T. Allen, III , Attorney at Law, Raleigh, for Arch T. Allen, III.

Allegra Collins , Attorney at Law.

Matthew T. Houston , Attorney at Law, Raleigh, Robert William Manoso , Attorney at Law, for Berger, Philip E., et al.

ORDER

Plaintiffs' petition for writ of certiorari is allowed for the limited purpose of reversing the superior court's dismissal of plaintiffs' quo warranto claim, and remanding to the superior court for consideration of that claim on the merits.

By Order of the Court in Conference, this 28th day of...

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