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STATE v. BERGER

No. 113A15.

781 S.E.2d 248 (2016)

STATE of North Carolina, upon the relation of Patrick L. McCrory, individually and in his official capacity as Governor of the State of North Carolina; James B. Hunt, Jr.; and James G. Martin v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; and, in their official capacities as members of the Coal Ash Management Commission, Harrell Jamison Auten III, Tim L. Bennett, D. Allen Hayes, Scott Flanagan, Rajaram Janardhanam, and Lisa D. Riegel.

Supreme Court of North Carolina.

January 29, 2016.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., Charlotte, by John R. Wester , David C. Wright, III , and Andrew A. Kasper , for plaintiff-appellee Governors; and Office of General Counsel to the Governor, by Robert C. Stephens, Jr. , General Counsel, and Jonathan R. Harris , Associate General Counsel, for Governor McCrory, plaintiff-appellee.

K & L Gates LLP, by John H. Culver III , Charlotte, and Brian C. Fork , Raleigh, for legislator defendant-appellants; and Roy Cooper , Attorney General, by Alexander McC. Peters , Senior Deputy Attorney General, and Melissa L. Trippe and Ann W. Matthews , Special Deputy Attorneys General, for Coal Ash Management Commission defendant-appellants.

Arch T. Allen III, pro se, amicus curiae.

Troutman Sanders LLP, Raleigh, by Christopher G. Browning, Jr. and C. Elizabeth Hall , for Carolinas AGC (Associated General Contractors), Employers Coalition of North Carolina, National Federation of Independent Business Small Business Legal Center, North Carolina Chamber, North Carolina Forestry Association, North Carolina Home Builders Association, North Carolina Manufacturers Alliance, and North Carolina Retail Merchants Association, amici curiae.

Blanchard, Miller, Lewis & Isley, P.A., Raleigh, by E. Hardy Lewis , for North Carolina Council of State members Cherie Berry , Commissioner of Labor; Wayne Goodwin , Commissioner of Insurance; Steve Troxler , Commissioner of Agriculture; and Beth A. Wood , State Auditor, amici curiae.

Campbell Shatley, PLLC, by Robert F. Orr , Raleigh, for North Carolina Institute for Constitutional Law, amicus curiae.

Our founders believed that separating the legislative, executive, and judicial powers of state government was necessary for the preservation of liberty. The Constitution of North Carolina therefore vests each of these powers in a different branch of government and declares that "[t]he legislative, executive, and supreme judicial...

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