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FOGLE v. GASTON CTY. BD. OF ED.

No. 7627SC328.

224 S.E.2d 677 (1976)

29 N.C. App. 423

Woodrow W. FOGLE et al. v. The GASTON COUNTY BOARD OF EDUCATION.

Court of Appeals of North Carolina.

May 14, 1976.

Attorney(s) appearing for the Case

Gaston, Smith & Gaston by Willis C. Smith, Belmont, for plaintiffs.

Garland & Alala by James B. Garland, Gastonia, for defendant.

BROCK, Chief Judge.

Appellant argues that the trial court had no statutory or constitutional authority to order that the existing vacancy on The Gaston County Board of Education be filled by election. We agree.

By the clear and unambiguous language of Chapter 906, Session Laws of 1967 (applicable only to Gaston County), the legislature provided: "All vacancies in the membership of the Gaston County Board of Education by reason of death, resignation or removal...

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