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TJCA. v. RUTHERFORD COUNTY BD. OF EDUC.

No. COA10-1121.

715 S.E.2d 625 (2011)

THOMAS JEFFERSON CLASSICAL ACADEMY, d/b/a Thomas Jefferson Classical Academy Charter School, Plaintiff, v. The RUTHERFORD COUNTY BOARD OF EDUCATION, d/b/a Rutherford County Schools, Defendant.

Court of Appeals of North Carolina.

September 20, 2011.

Attorney(s) appearing for the Case

Robinson Bradshaw & Hinson, P.A., by Richard A. Vinroot , and A. Ward McKeithen , Charlotte, for plaintiff.

Campbell Shatley, PLLC, by Christopher Z. Campbell and Chad R. Donnahoo , Asheville, for defendant.

Allison B. Schafer , Kathleen C. Boyd , Raleigh, and Katherine J. Brooks , for North Carolina School Boards Association, amicus curiae.

STEELMAN, Judge.

Funds restricted as to their use, but placed into a school board's "local current expense fund" must be considered in the computation of monies due to a charter school pursuant to N.C. Gen.Stat. § 115C-238.29H(b) (2009). The trial court correctly determined that a purported amendment to the 2008-09 budget of the county schools, adopted over five months after the end of the fiscal year and after the funds had been expended, was of no legal effect...

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