Opinion
No. 425A21-2
03-18-2022
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, Defendant 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.
Robert Neal Hunter, Jr., Attorney at Law, For Combs, Linda, State Controller. W. David Lee, Senior Resident Judge. 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, Raleigh, For Charlotte-Mecklenburg Schools. David Nolan, Attorney at Law, For Charlotte-Mecklenburg Schools. 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. Kellie Z. Myers, Trial Court Administrator. Jaelyn D. Miller, Attorney at Law, Raleigh, For Hoke County Board of Education, 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. W. Clark Goodman, Attorney at Law, Charlotte, For Berger, Philip E., et al. David Hinojosa, Attorney at Law, For Penn, Rafael, et al. Christopher A. Brook, Attorney at Law, For Penn, Rafael, et al.
Robert Neal Hunter, Jr., Attorney at Law, For Combs, Linda, State Controller.
W. David Lee, Senior Resident Judge.
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, Raleigh, For Charlotte-Mecklenburg Schools.
David Nolan, Attorney at Law, For Charlotte-Mecklenburg Schools.
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.
Kellie Z. Myers, Trial Court Administrator.
Jaelyn D. Miller, Attorney at Law, Raleigh, For Hoke County Board of Education, 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.
W. Clark Goodman, Attorney at Law, Charlotte, For Berger, Philip E., et al.
David Hinojosa, Attorney at Law, For Penn, Rafael, et al.
Christopher A. Brook, Attorney at Law, For Penn, Rafael, et al.
ORDER
Defendant State of North Carolina's Petition for Discretionary Review Prior to Determination by the Court of Appeals and Plaintiffs Petition for Discretionary Review Prior to Determination by the Court of Appeals are allowed. Defendant State of North Carolina's Motion to Set an Expedited Schedule is determined as followed: This case is remanded to Superior Court, Wake County, for a period of no more than thirty days for the purpose of allowing the trial court to determine what effect, if any, the enactment of the State Budget has upon the nature and extent of the relief that the trial court granted in its 11 November 2021 order. The trial court is instructed to make any necessary findings of fact and conclusions of law and to certify any amended order that it chooses to enter with this Court on or before the thirtieth day following the entry of this order. As soon as the trial court has certified to this Court any amended order that it chooses to enter, this Court will enter any such other and further orders governing the procedures to be followed in this case as it deems necessary. In the meantime, the otherwise-applicable schedule for filing briefs in this case is held in abeyance pending further order of the Court.
By order of the Court in conference, this the 18th day of March 2022.