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SUGAR CREEK CHARTER SCHOOL v. CHARLOTTE-MECKLENBURG BD. OF EDUC.

No. COA08-516.

673 S.E.2d 667 (2009)

SUGAR CREEK CHARTER SCHOOL, INC., Kennedy Charter School, Cross-roads Charter School, Carolina International School, and Metrolina Scholars Academy, Plaintiffs-Appellees, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION and Peter C. Gorman, Superintendent in his Official Capacity, d/b/a "Charlotte-Mecklenburg Schools," Defendants-Appellants.

Court of Appeals of North Carolina.

February 17, 2009.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., by Richard A. Vinroot and Scott W. Gaylord, Charlotte, for Plaintiffs-Appellees.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jill R. Wilson, Robert J. King III, and Elizabeth V. LaFollette, Greensboro, for Defendants-Appellants.

Tharrington Smith, L.L.P., by Ann Majestic and Lisa Lukasik; and North Carolina School Boards Association, by General Counsel Allison B. Schafer, Raleigh, for North Carolina School Boards Association, amicus curiae.

McGEE, Judge.

Plaintiffs filed this action for declaratory judgment on 17 April 2007, alleging that the Charlotte-Mecklenburg Board of Education and Peter Gorman, in his official capacity as Superintendent of the Charlotte-Mecklenburg Schools (Defendants), were violating N.C. Gen. Stat § 115C-238.29H(b) in that Defendants were not distributing to Plaintiffs the appropriate per pupil pro rata share of moneys included in Defendants' local current expense...

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