Pauley v. Gainer

MILLER, Chief Justice:

This appeal involves two certified questions. The first question is whether the Governor was an indispensable party to the underlying proceeding which sought to challenge the propriety of the Governor’s line-item veto of seven million dollars in the 1985-86 fiscal year budget bill. The second question relates to the substantive issue, the propriety of the veto itself.

These issues arise in the context of pending litigation in which the plaintiffs, who are the parents of children enrolled in the public school system, filed a class action suit challenging the…