Cauble v. City of Asheville

VAUGHN, Chief Judge.

The central issue on this appeal involves the meaning of the term “clear proceeds.” The threshold question in this case, whether funds collected from overtime parking violations constitute penalties or fines within the meaning of Article IX, Section 7 of the North Carolina Constitution, the clear proceeds of which shall belong to the county for maintaining free public schools, has already been decided. In Cauble I, as affirmed by Cauble II, the Court of Appeals and subsequently the Supreme Court held that such monies collected are indeed fines resulting from “a breach of…