Opinion
No. 109PA22
03-01-2023
Dustin Michael MCKINNEY, George Jermey McKinney, and James Robert Tate, Plaintiffs State of North Carolina, Intervenor v. Gary Scott GOINS and the Gaston County Board of Education, Defendants
Donald S. Higley, II, Attorney at Law, Durham, For McKinney, Dustin Michael, et al. Lisa Lanier, Attorney at Law, Durham, For McKinney, Dustin Michael, et al. Robert O. Jenkins, Attorney at Law, Raleigh, For McKinney, Dustin Michael, et al. Orlando L. Rodriguez, Special Deputy Attorney General, For State of North Carolina. Robert J. King, III, Attorney at Law, For The Gaston County Board of Education. Jill R. Wilson, Attorney at Law, Greensboro, For The Gaston County Board of Education. Elizabeth Lea Troutman, Attorney at Law, Greensboro, For The Gaston County Board of Education. Noah L. Hock, Attorney at Law, Greensboro, For The Gaston County Board of Education. Ryan Y. Park, Solicitor General, For State of North Carolina. Nicholas S. Brod, Assistant Solicitor General, For State of North Carolina. Zachary W. Ezor, Solicitor General Fellow, For State of North Carolina. Sam McGee, Attorney at Law, Charlotte, For CHILD USA. Caroline Marie Gieser, Attorney at Law, For American Tort Reform Association, et al. Lorin J. Lapidus, Attorney at Law, Winston-Salem, For YMCA of Northwest NC. G. Gray Wilson, Attorney at Law, For YMCA of Northwest NC. Denise M. Gunter, Attorney at Law, Winston-Salem, For YMCA of Northwest NC. D. Martin Warf, Attorney at Law, For YMCA of Northwest NC. Kevin G. Williams, Attorney at Law, Winston-Salem, For YMCA of Northwest NC. Joshua D. Davey, Attorney at Law, Charlotte, For Roman Catholic Diocese of Charlotte. Mary K. Grob, Attorney at Law, Charlotte, For Roman Catholic Diocese of Charlotte. Lindsey S. Barber, Attorney at Law, Raleigh, For The Gaston County Board of Education. Deborah R. Stagner, Attorney at Law, Raleigh, For NC School Boards Association. Christine T. Scheef, Staff Attorney, For NC School Boards Association. M. Duane Jones, Attorney at Law, Charlotte, For NCADA. Stephen G. Rawson, Attorney at Law, Raleigh, For NC School Boards Association. Troy D. Shelton, Attorney at Law, Raleigh, For Student Victims of Sexual Abuse.
Donald S. Higley, II, Attorney at Law, Durham, For McKinney, Dustin Michael, et al.
Lisa Lanier, Attorney at Law, Durham, For McKinney, Dustin Michael, et al.
Robert O. Jenkins, Attorney at Law, Raleigh, For McKinney, Dustin Michael, et al.
Orlando L. Rodriguez, Special Deputy Attorney General, For State of North Carolina.
Robert J. King, III, Attorney at Law, For The Gaston County Board of Education.
Jill R. Wilson, Attorney at Law, Greensboro, For The Gaston County Board of Education.
Elizabeth Lea Troutman, Attorney at Law, Greensboro, For The Gaston County Board of Education.
Noah L. Hock, Attorney at Law, Greensboro, For The Gaston County Board of Education.
Ryan Y. Park, Solicitor General, For State of North Carolina.
Nicholas S. Brod, Assistant Solicitor General, For State of North Carolina.
Zachary W. Ezor, Solicitor General Fellow, For State of North Carolina.
Sam McGee, Attorney at Law, Charlotte, For CHILD USA.
Caroline Marie Gieser, Attorney at Law, For American Tort Reform Association, et al.
Lorin J. Lapidus, Attorney at Law, Winston-Salem, For YMCA of Northwest NC.
G. Gray Wilson, Attorney at Law, For YMCA of Northwest NC.
Denise M. Gunter, Attorney at Law, Winston-Salem, For YMCA of Northwest NC.
D. Martin Warf, Attorney at Law, For YMCA of Northwest NC.
Kevin G. Williams, Attorney at Law, Winston-Salem, For YMCA of Northwest NC.
Joshua D. Davey, Attorney at Law, Charlotte, For Roman Catholic Diocese of Charlotte.
Mary K. Grob, Attorney at Law, Charlotte, For Roman Catholic Diocese of Charlotte.
Lindsey S. Barber, Attorney at Law, Raleigh, For The Gaston County Board of Education.
Deborah R. Stagner, Attorney at Law, Raleigh, For NC School Boards Association.
Christine T. Scheef, Staff Attorney, For NC School Boards Association.
M. Duane Jones, Attorney at Law, Charlotte, For NCADA.
Stephen G. Rawson, Attorney at Law, Raleigh, For NC School Boards Association.
Troy D. Shelton, Attorney at Law, Raleigh, For Student Victims of Sexual Abuse.
ORDER
On 12 April 2022, plaintiffs and the State intervenor petitioned this Court for discretionary review prior to a determination by the Court of Appeals. On 5 July 2022, this Court entered an order allowing that petition.
This Court now rescinds the 5 July 2022 order improvidently granting discretionary review prior to a determination by the Court of Appeals and remands this case to the Court of Appeals for hearing at the earliest convenience of that court. To expedite consideration, we direct the Court of Appeals to accept the parties’ briefs previously filed in this Court as the basis for review in the Court of Appeals.
By order of the Court in Conference, this the 1st day of March 2023.