Cauble v. City of Asheville

BRANCH, Chief Justice.

This action was brought in the name of plaintiff, for himself, and for the citizens, residents and taxpayers of the City of Ashe-ville to compel the City of Asheville to pay into the County School Fund of Buncombe County all fines and forfeitures paid for overtime parking to be used exclusively for maintaining free public schools in Buncombe County.

*600At a pretrial conference held before Judge Robert D. Lewis, Resident Superior Court Judge of the Twenty-Eighth District, it was stipulated, inter alia,

that this civil action would be tried in two steps. First, a hearing would…