April 2010 at NCICL
Apr 30th, 2010
April 2010
Litigation Updates
Goldston v. State of North Carolina, et al.
Attorneys Robert F. Orr and Jeanette Doran continue their efforts in the "Highway Trust Fund Case", in which the Court of Appeals has ruled that the State Constitution prohibits the Governor from transferring money from the Highway Trust Fund to the State’s General Fund in an effort to balance the budget.
Most recently, Orr and Doran together with Eugene Boyce and Daniel Boyce of Boyce and Isley filed the Plaintiffs-Appellants' New Brief on April 14th. In it, they argue that the Court of Appeals correctly held that the Governor exceeded his constitutional power when he transferred $80 million from the Highway Trust Fund to the General Fund without legislative approval.
Most recently, Orr and Doran together with Eugene Boyce and Daniel Boyce of Boyce and Isley filed the Plaintiffs-Appellants' New Brief on April 14th. In it, they argue that the Court of Appeals correctly held that the Governor exceeded his constitutional power when he transferred $80 million from the Highway Trust Fund to the General Fund without legislative approval.
Sugar Creek Charter School, Inc., et al. v. State of North Carolina, et al.
Attorneys Robert F. Orr and Jason Kay filed the Plaintiff's Brief in Opposition to Defendants' Motions to Dismiss on April 23rd and the First Amended Complaint on April 29th. This lawsuit was filed last year on behalf of seven North Carolina public charter schools and a number of parents and students affiliated with those schools challenging the constitutionality of the State’s funding system for public charter schools. Presently, North Carolina law does not permit counties and local school administrative units to provide funds from the capital outlay fund to public charter schools. The law does authorize these funds for traditional public schools. The question is whether the inequitable funding requirement for public charter schools is “uniform” within the meaning of the Constitution of North Carolina.
A decision at the Motion to Dismiss stage is expected in May.
Read the Brief
Read More About the Case
NCICL Updates
Former intern William Morrison, a recent graduate, along with his wife, Lara, from the Cooley School of Law, have both passed the New York State Bar. Congratulations!
NCICL in the Community
On April 28th, 2010, Justice Orr met with the students of Robbinsville High School in Graham County about the North Carolina Constitution and the court system.
A Robbinsville High School Student Government Representative presenting Justice Orr with a team hat and Cherokee Basket
Chip Carringer, Superintendent of Graham County Schools, Justice Orr, and David Matheson, Principal of Robbinsville High School
April Articles about NCICL
- Sarah Ovaska, Lightner Public Safety Center on front burner again, The News and Observer
- Robert F. Orr, An open letter to Obama about jobs, The Charlotte Observer
- Amanda Bender, Alamance County commissioner to oppose cash incentives for businesses, The Pendulum
- Anthony Greco, NC Seeking Better Ways to Keep Tabs on Incentives, Carolina Journal TV
- Chris Fitzsimon, Justice Orr on the use of Incentives in a Recession, NC Policy Watch
- Tom Campbell, A Tea Party We Should All Attend, NC SPIN
- Editorial: The cost of giveaways, News & Record