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DE LUCA v. STEIN

No. COA17-1374.

820 S.E.2d 89 (2018)

Francis X. DE LUCA and The New Hanover County Board of Education, Plaintiffs, v. Josh STEIN, in his capacity as Attorney General of the State of North Carolina, Defendant, and North Carolina Coastal Federation and Sound Rivers, Inc., Intervenors.

Court of Appeals of North Carolina.

Filed: September 4, 2018.

Attorney(s) appearing for the Case

Stam Law Firm, PLLC, by Paul Stam , Apex and Amy C. O'Neal , for plaintiff-appellants.

Attorney General Joshua H. Stein , by Special Deputy Attorneys General Marc Bernstein and Jennie Wilhelm Hauser , Raleigh, for defendant-appellee Joshua H. Stein in his capacity as Attorney General of the State of North Carolina.

Southern Environmental Law Center, by Mary Maclean Asbill , Brooks Rainey Pearson and Blakely E. Hildebrand , for intervenor-appellees North Carolina Coastal Federation and Sound Rivers, Inc.

Tharrington Smith, L.L.P., by Deborah R. Stagner , Raleigh and Lindsay Vance Smith , for amicus curiae North Carolina School Boards Association.

Plaintiffs' appeal asserts the trial court erred in concluding, as a matter of law, that payments specified in an agreement between the Attorney General of North Carolina and Smithfield Foods, Inc., and its subsidiaries are not civil penalties required to be used to fund public education pursuant to Article IX, § 7 of the North...

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