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UNION COUNTY BD. OF EDUC. v. BD. OF COM'RS

No. COA14-633.

771 S.E.2d 590 (2015)

UNION COUNTY BOARD OF EDUCATION, Plaintiff, v. UNION COUNTY BOARD OF COMMISSIONERS, Defendant.

Court of Appeals of North Carolina.

April 7, 2015.

Attorney(s) appearing for the Case

Schwartz & Shaw, P.L.L.C., Raleigh, by Richard Schwartz and Brian C. Shaw , for plaintiff-appellee.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene and Tobias S. Hampson ; and Perry, Bundy, Plyler, Long & Cox, LLP, by H. Ligon Bundy and Christopher Cox , Monroe, for defendant-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, by Jill R. Wilson , Greensboro, and Julia C. Ambrose , Raleigh; and the North Carolina School Boards Association, by Allison B. Schafer and Christine T. Scheef , on behalf of the North Carolina School Boards Association, amicus curiae.

Smith Moore Leatherwood LLP, Raleigh, by Elizabeth Brooks Scherer , Matthew Nis Leerberg , and Thomas E. Terrell, Jr. , Greensboro, on behalf of the North Carolina Association of County Commissioners, amicus curiae.

The Union County Board of Commissioners ("defendant") appeals from a judgment ordering it to appropriate additional funds to the Union County Board of Education's ("plaintiff") local current expense and capital outlay funds for the 2013-2014 fiscal year. For the following reasons, we grant a new trial.

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