County of Cabarrus v. Tolson

ELMORE, Judge.

Plaintiffs appeal an order granting a motion for summary judgment in favor of defendant. Plaintiffs argue that the trial court erred when it failed to determine that defendant violated the doctrine of separation of powers. For the reasons stated herein, we affirm.

On 5 February 2002 during a state budget crisis, the Governor issued Executive Order 19, entitled “Classroom Protection and Orderly Budget Administration Given State of Fiscal Emergency.” Within the order, the Governor noted that Article III, Section 5 of the North Carolina Constitution required him to continually…