STATE EX REL. STEIN v. KINSTON CHARTER ACAD.

No. 16PA20.

866 S.E.2d 647 (2021)

2021-NCSC-163

STATE of North Carolina, EX REL. Joshua H. STEIN, Attorney General v. KINSTON CHARTER ACADEMY, a North Carolina non-profit corporation; Ozie L. Hall, Jr., individually and as Chief Executive Officer of Kinston Charter Academy; and Demyra McDonald Hall, individually and as Board Chair of Kinston Charter Academy.

Supreme Court of North Carolina.

Filed December 17, 2021.


Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney General Matthew L. Liles, Sr. ; Senior Deputy Attorney General Kevin D. Anderson ; and Special Deputy Attorney General Daniel P. Mosteller , for the State-appellant.

Ragsdale Liggett PLLC, by Amie C. Sivon , Mary M. Webb , Raleigh, and Edward E. Coleman, III , and Demyra McDonald-Hall , for defendant-appellant Kinston Charter Academy.

Ozie L. Hall, Jr., pro se defendant-appellant.

Stam Law Firm, PLLC, by R. Daniel Gibson and Paul Stam , Apex, for amicus Pinnacle Classical Academy.

Womble, Bond Dickinson (US) LLP, Charlotte, by Matthew F. Tilley , for amicus N.C. Coalition for Charter Schools, amicus curiae.


¶ 1 The issues before us in this case involve the extent to which the non-profit corporations that operate charter schools are (1) agencies of the State entitled to sovereign immunity and (2) subject to claims brought pursuant to the North Carolina False Claims Act; whether (3) the...

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