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HOKE COUNTY BD. OF EDUC. v. STATE

No. 425A21-3.

892 S.E.2d 594 (2023)

HOKE COUNTY BOARD OF EDUCATION, et al., plaintiffs and Charlotte-Mecklenburg Board of Education, plaintiff-intervenor and Rafael Penn, et al., plaintiff-intervenors v. STATE of North Carolina and the State Board of Education, defendants and Charlotte-Mecklenburg Board of Education, realigned defendant and Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, intervenor-defendants.

Supreme Court of North Carolina.

October 18, 2023.

Attorney(s) appearing for the Case

Robert Neal Hunter, Jr. , Attorney at Law, For Combs, Linda, State Controller.

Michael L. Robinson , Winston-Salem, Forsyth County, Attorney at Law.

Amar Majmundar , Senior Deputy Attorney General, For State of N.C.

Matthew Tulchin , Special Deputy Attorney General, For State of N.C.

Tiffany Y. Lucas , Deputy General Counsel, For State of N.C.

Thomas J. Ziko , Attorney at Law, For State Board of Education.

Neal A. Ramee , Attorney at Law, For Charlotte-Mecklenburg Board of Education.

David Noland , Attorney at Law, Raleigh, For Charlotte-Mecklenburg Board of Education.

H. Lawrence Armstrong , Attorney at Law, Enfield, For Hoke County Board of Education, et al.

Melanie Black Dubis , Attorney at Law, Raleigh, For Hoke County Board of Education, et al.

Scott B. Bayzle , Attorney at Law, For Hoke County Board of Education, et al.

Elizabeth M. Haddix , Attorney at Law, Pittsboro, For Penn, Rafael, et al.

Matthew F. Tilley , Attorney at Law, Charlotte, For Berger, Philip E., et al.

Russ Ferguson , Attorney at Law, Charlotte, For Berger, Philip E., et al.

Christopher A. Brook , Attorney at Law, For Penn, Rafael, et al.

Scott E. Bayzle , Attorney at Law, Raleigh, For Hoke County Board of Education, et al.

Catherine G. Clodfelter , Attorney at Law, Raleigh, For Hoke County Board of Education, et al.

Ryan Y. Park , Solicitor General, For State of N.C.

Michael A. Ingersoll , Attorney at Law, For Berger, Philip E., et al.

Sarah G. Boyce , Deputy Solicitor General, For State of N.C.

South A. Moore , Assistant General Counsel, For State of N.C.

Maya Brodziak , Attorney at Law, Pro Hac Vice, For Penn, Rafael, et al.

David Hinojosa , Attorney at Law, Pro Hac Vice, For Penn, Rafael, et al.

Chavis Jones , Attorney at Law, Pro Hac Vice, For Penn, Rafael, et al.

Michael Robotti , Attorney at Law, Pro Hac Vice, For Penn, Rafael, et al.

ORDER

On the petition for discretionary review prior to a determination by the Court of Appeals filed by intervenor-defendants on 20 September 2023, the Court hereby allows the petition solely on the question of whether the trial court lacked subject matter jurisdiction to enter its order of 17 April 2023. See Lemmerman v. A.T. Williams Oil Co., 318 N.C. 577, 580, 350 S.E.2d 83

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