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CHARTER DAY SCHOOL, INC. v. NEW HANOVER CNTY. EDUC. BD.

No. COA13-488.

754 S.E.2d 229 (2014)

CHARTER DAY SCHOOL, INC., Plaintiff-Appellee, v. The NEW HANOVER COUNTY BOARD OF EDUCATION and Tim Markley, Superintendent in his Official Capacity, d/b/a "New Hanover County Schools," Defendant-Appellants.

Court of Appeals of North Carolina.

February 18, 2014.

Attorney(s) appearing for the Case

Shipman & Wright, LLP, Wilmington, by Gary K. Shipman and Gregory M. Katzman , for plaintiff-appellee.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Jill R. Wilson , Robert J. King, III , and Jennifer K. Van Zant , for defendant-appellant.

Allison B. Schafer and Christine T. Scheef for the North Carolina School Boards Association, amicus curiae.

McCULLOUGH, Judge.

Defendant, New Hanover County Board of Education d/b/a New Hanover County Schools ("NHCS"), appeals from the order and judgment entered by the trial court on 4 December 2012. For the following reasons, we reverse in part and affirm in part.

I. Background

Plaintiff, Charter Day School, Inc. ("Charter Day"), is a charter school in Brunswick County that provides free public education...

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