Richmond County Board of Education v. Cowell
225 N.C. App. 583
| N.C. Ct. App. | 2013Background
- Statutory amendment to NC §7A-304(a) in 2011 added a $50 fee for Chapter 20 offenses convicted to the Statewide Misdemeanor Confinement Fund, effective July 1, 2011.
- Plaintiff filed Feb 16, 2012 in Wake County Superior Court seeking declaratory relief against state officers in their official capacities.
- Plaintiff alleges the amendment diverts county penalties from Richmond County public schools to the state general fund, violating Article IX, §7 of the NC Constitution.
- Defendants moved to dismiss March 14, 2012 on sovereign immunity and standing; plaintiff amended May 15, 2012 asserting waiver by Corum and Declaratory Judgment Act.
- Trial court denied the motion on May 23, 2012; defendants appealed on June 18, 2012.
- Court upholds denial of dismissal on sovereign immunity; standing challenge deemed interlocutory and not a substantial right.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity is waived for plaintiff’s Article IX, §7 claim. | Corum provides common-law waiver for constitutional claims. | No statutory or common-law waiver applicable to Article IX claim. | Waiver found; sovereign immunity not a bar to direct Article IX claim. |
| Whether plaintiff can pursue Article IX, §7 claim against the State notwithstanding sovereign immunity. | Corum/ Craig allow direct constitutional suits against the State. | Sovereign immunity blocks such direct claims absent waiver. | Direct constitutional claim allowed under Corum and Craig; dismissal rejected. |
| Whether the trial court’s denial of lack-of-standing dismissal affects a substantial right warranting immediate review. | Standing denial should be reviewable as a final-right issue. | Standing denial is interlocutory and does not affect a substantial right. | Standing issue is interlocutory and not a substantial right; dismissed. |
Key Cases Cited
- Corum v. University of North Carolina, 330 N.C. 761 (1992) (sovereign immunity cannot bar direct constitutional rights claims; Corum establishes waiver for constitutional injuries)
- Craig v. New Hanover Cty. Bd. of Educ., 363 N.C. 334 (2009) (reiterates Corum; allows Article IX claims alongside Article I where remedy exists)
- Petroleum Traders Corp. v. State, 190 N.C. App. 542 (2008) (limits Corum waiver to rights under the Declaration of Rights; contextualizes Article II procedural rights)
- Sanders v. State Personnel Comm’n, 183 N.C. App. 15 (2007) (sovereign immunity not available to defend constitutional claims under certain analyses)
- Carl v. State, 192 N.C. App. 544 (2008) (denial of sovereign-immunity dismissal is immediately appealable; merits reviewed on appeal)
- Peverall v. County of Alamance, 154 N.C. App. 426 (2002) (sovereign immunity does not protect the state against direct constitutional claims)
- Cauble v. City of Asheville, 66 N.C. App. 537 (1984) (proceeds and constitutional restrictions on diversion of fines to public schools)