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RICHMOND COUNTY BD. OF EDUC. v. COWELL

No. COA14-1115.

776 S.E.2d 244 (2015)

RICHMOND COUNTY BOARD OF EDUCATION, Plaintiff, v. Janet COWELL, North Carolina State Treasurer, in her official capacity only, David T. McCoy, North Carolina State Controller, in his official capacity only, Art Pope, North Carolina State Budget Director, in his official capacity only, Frank L. Perry, Secretary of the North Carolina Department of Public Safety, in his official capacity only, Roy Cooper, Attorney General of the State of North Carolina, in his official capacity only, Defendants.

Court of Appeals of North Carolina.

September 1, 2015.

Attorney(s) appearing for the Case

George E. Crump, III , Rockingham, for the Plaintiff-Appellee.

Attorney General, Roy A. Cooper, III , by Solicitor General, John F. Maddrey , Assistant Solicitor General, Gary R. Govert , and Special Deputy Attorney General Joseph, Finarelli, for the Defendants-Appellants.

I. Background

The question presented in this appeal is whether N.C. Gen.Stat. § 7A-304(a)(4b) violates Article IX, Section 7(a) of the North Carolina Constitution.

Article IX, Section 7(a) mandates that the "clear proceeds" of all fines, penalties and forfeitures collected for the breach of the penal laws of...

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