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GOLDSTON v. STATE

No. COA08-754.

683 S.E.2d 237 (2009)

W.D. GOLDSTON, Jr., James E. Harrington, and citizens, taxpayers, and bondholders similarly situated, Plaintiffs, v. STATE of North Carolina and Michael F. Easley, Governor, individually and in his official capacity, Defendants.

Court of Appeals of North Carolina.

September 15, 2009.

Attorney(s) appearing for the Case

Boyce & Isley, PLLC, by G. Eugene Boyce, R. Daniel Boyce and Philip R. Isley, Raleigh, for plaintiff appellants.

Attorney General Roy Cooper, by Special Deputy Attorney General Norma S. Harrell and Assistant Solicitor General John F. Maddrey, for defendant appellees.

HUNTER, JR., ROBERT N., Judge.

Plaintiffs request a declaratory judgment asking whether the transfer to the General Fund of $80,000,000 by the Governor and $125,000,000 by statute from funds appropriated in 2001 to the North Carolina Highway Trust Fund ("Trust Fund") were contrary to provisions of the North Carolina Constitution dealing with public funds, specifically N.C. Const. art. III, § 5(3) and N.C. Const. art. V, § 5. On cross motions for summary...

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