Opinion
No. 105P23
12-13-2023
Deena DIECKHAUS, Gina McAllister, Brady Wayne Allen, Jacoria Stanley, Nicholas Spooney, and Vivian Hood, each individually and on behalf of all others similarly situated v. BOARD OF GOVERNORS OF the UNIVERSITY OF NORTH CAROLINA
Blake Garrett Abbott, Attorney at Law, For Deena Dieckhaus, et al. Kari R. Johnson, Special Deputy Attorney General, For Board of Governors of the University of NC. Laura H. McHenry, Special Deputy Attorney General, For Board of Governors of the University of NC. Jim W. Phillips, Jr., Attorney at Law, Greensboro, For Board of Governors of the University of NC. Jennifer K. Van Zant, Attorney at Law, Greensboro, For Board of Governors of the University of NC.
From N.C. Court of Appeals 21-797; From Orange 20CVS564, Fifteen-B District
Blake Garrett Abbott, Attorney at Law, For Deena Dieckhaus, et al.
Kari R. Johnson, Special Deputy Attorney General, For Board of Governors of the University of NC.
Laura H. McHenry, Special Deputy Attorney General, For Board of Governors of the University of NC.
Jim W. Phillips, Jr., Attorney at Law, Greensboro, For Board of Governors of the University of NC.
Jennifer K. Van Zant, Attorney at Law, Greensboro, For Board of Governors of the University of NC.
ORDER
This matter is before this Court on plaintiffs’ petition for writ of certiorari to review a decision of the Court of Appeals affirming the trial court's dismissal of plaintiffs’ claims on the basis of sovereign and statutory immunity. The petition is (1) allowed for review of whether N.C.G.S. § 116-311 violates the Contracts Clause of the United States Constitution; (2) allowed for review of whether N.C.G.S. § 116-311 violates the Takings Clause of the United States Constitution; (3) allowed for review of whether the legislature’s enactment of N.C.G.S. § 116-311 violated the due process clauses of both the United States and North Carolina Constitutions; (4) allowed for review of whether defendants’ breach was "reasonably related to protecting the public health, safety, and welfare" as required under N.C.G.S. § 116-311(a)(2); and (5) denied as to all remaining issues.
By order of the Court in Conference, this the 13th day of December 2023.
Barringer, J., recused.